Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…
This high profile case has captured the imagination of everybody it seems. From the day Allison went missing, the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail
So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.
I think any ONE aspect taken in isolation could be seen to be suspicious.
But as one links all the pieces together they start to paint a much bigger picture.
Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.
Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.
Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?
Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.
The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS
This thread you are reading has comments CLOSED
The RED THREADS above will come online at 6AM Friday 29/06/12