Grieving family remember Allison Baden-Clay on 10th anniversary of her murder

As Allison Baden-Clay’s family mark the 10th anniversary of her death, it can be revealed her murderer could be released from jail in just five years after serving his “life sentence”.

Wife murderer Gerard Baden-Clay could be released from jail in just five years after serving his “life sentence”.

As the grieving family of Allison Baden-Clay remember her, 10 years after she was killed, the milestone also marks Baden-Clay spending two thirds of his sentence in jail.

Allison Baden-Clay.

Allison disappeared from the Brookfield home she shared with Gerard and their three daughters in April 2012.

Her body was found 10 days later under the Kholo Creek Bridge at Anstead.

Her real estate agent husband Baden-Clay denied killing her but was convicted and was sentenced to life in jail, with a non-parole period of 15 years. It means he could be released as soon as 2027.

But high-profile solicitor Bill Potts said the public should not assume Baden-Clay will be automatically released once the 15-year non-parole period is completed.

He said the convicted murderer would have to apply to the state’s parole board.

“The parole board would take into account a whole range of factors including the objective seriousness of the offence, whether the person has expressed any remorse, their conduct whilst in custody and whether they remain a continuing danger to society,” Mr Potts said.

“All of those factors are ones which means the parole board will have to look at in depth.

“The parole board may decide completely differently or it may decide to release him immediately there,” he said.

High-profile solicitor Bill Potts. Picture: Annette Dew

The daughters – Hannah, Sarah and Ella – were just aged 10, 8 and five were young when their mother was murdered and have been cared for by Allison’s parents, Geoff and Priscilla Dickie.

They have now grown up and gone on to be “resilient and confident”, just like their mother.

The family have also set up the Allison Baden-Clay Foundation which has raised money for programs to educate people, or “bystanders”, about the signs of domestic and family violence and the tactics they can use to intervene safely.

Gerard Baden-Clay.

Her sister Vanessa Fowler is the head of the foundation.

Allison’s parents last night released a statement about their daughter, saying “Allison has been in our thoughts every day” over the past 10 years.

“We remember the wonderful person that she was and for the joy she brought to us all in her everyday life,” they wrote in a statement.

“Regardless of her own struggles and hurdles, she remained strong and courageous, always putting others before herself.

“Allison touched the lives of many. She was a loving mother, daughter, sister, niece and friend. Everyone loved her because of her kind nature, her character and her generosity toward others.

Sarah Baden-Clay, Hannah Baden-Clay and Ella Baden-Clay with sunflowers to promote Allison Baden-Clay Foundation. Picture: Richard Walker

“She was beautiful both inside and out and was never without a smile and softly spoken words of kindness and encouragement. Allison achieved so much in her life and on this the 10th anniversary of her passing, we celebrate her life, her love for others, her strength and her determination.

“This has been a very public journey and we, her family, appreciate the community’s love, support and understanding along the way.

“We thank the broader community, neighbours and friends and of course, our “village” who continue to support us, and in particular Allison‘s three daughters who have shown such strength and resilience.

“Over the last 10 years, we have devoted ourselves to raising Allison’s girls, enjoying having them in our care and making memories with them.

“We know that Allison would be looking down with pride as Hannah, Sarah and Ella grow into beautiful, independent and confident young women.

“After 10 years, Allison is missed more than ever, and we all have personal memories of the wonderful woman she was, none more so than her three girls who remember their mother in their own special way.

“As we look to the future, it is our hope that Allison’s legacy will continue to make a positive different in the community.

“Our loving daughter, Allison, remains in our hearts forever.”

Mr Potts said he was an advocate for the courts having a sliding or “discretionary sentence” for murder.

“The reason for that is there is a complete difference between a paid hitman taking a life (compared with) a couple who have been married for 70 years, one whom is dying of terminal cancer and dementia and her husband does a murder-suicide but survives,” he said.

“Any decent ordinary person - whilst we value life ultimately in our society - would see that there is both a moral and practical difference.

“So my view is that the government should consider to allow the courts the discretion to impose sentences which reflect the moral culpability of the parties involved.

“They do this in states such as Victoria and New South Wales and in many cases the penalties are much higher than they are in Queensland.

“Why should it be 15 years or 20 years, because all that really means is the courts are not allowed to take into account all the fluctuating circumstances which may involve a murder.”

Mr Potts said with a sliding scale he believed it would likely increase the rate of people pleading guilty if they knew the court could “reflect their circumstances”.

“But more importantly it would bring a greater sense of justice to victims’ families and loved ones as well as applying a level of humanity and discretion to what is obviously the most serious crime,” he said.