Australia - Russell Hill & Carol Clay Murdered While Camping - Wonnangatta Valley, 2020 #9

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ADMIN NOTE:

Under Australian law, this case is now under sub judice and the following is not allowed:

Anything that may prejudice the accused’s right to a fair trial
Any history of a defendant’s previous offences
Any suggestions or direct accusations that the accused is either guilty or innocent (i.e. the accused cannot be called "the killer", "the perp"; it has to be "the accused", the "alleged killer" or "the defendant")
Scandalizing the court (disparaging judges/lawyers, any officer of the Court)
Broadcasting anything about proceedings which happen in the jury's absence.
Any non compliance with an Order of the court

Do not post anything that violates the above principles. Doing so can result in charges of contempt of court.

Thank you.
 

Please continue here.
 
IIRC, is he supposed to be sentenced in July?

JMVHO.

Pre-sentencing hearing on 19th July.

I think he is also sentenced at that hearing ... not 100% sure, but I think so. Unless maybe the judge needs further time to consider the matter.


At the end of a sentencing hearing, the Judge summarises the case, imposes a sentence and explains the reasons for giving the sentence.

This is a County Court reference, not Supreme Court.
 
Pre-sentencing hearing on 19th July.

I think he is also sentenced at that hearing ... not 100% sure, but I think so. Unless maybe the judge needs further time to consider the matter.


At the end of a sentencing hearing, the Judge summarises the case, imposes a sentence and explains the reasons for giving the sentence.

This is a County Court reference, not Supreme Court.
I think it’s going to be a mentions hearing where the judge lays out the timetable for submissions for consideration for sentencing. This can take months unfortunately so potentially looking at September time period for this phase to be finalised.
 
I think it’s going to be a mentions hearing where the judge lays out the timetable for submissions for consideration for sentencing. This can take months unfortunately so potentially looking at September time period for this phase to be finalised.

Yes, I think you may be right.

I took a look to refresh myself about when Justin Stein's sentencing hearing is (in a different state). He was found guilty a week before Lynn was found guilty, and his sentencing hearing is not until 23rd August.

Not to worry. They are both incarcerated. They will both just move deeper into the bowels of the prison system, once sentencing is complete.

imo
 
Yes, I think you may be right.

I took a look to refresh myself about when Justin Stein's sentencing hearing is (in a different state). He was found guilty a week before Lynn was found guilty, and his sentencing hearing is not until 23rd August.

Not to worry. They are both incarcerated. They will both just move deeper into the bowels of the prison system, once sentencing is complete.

imo
Interestingly that Lynn's is being called a pre-sentence hearing. No wonder the courts are clogged up! Couldn't the Judge have said at the time "All submissions to me a week before the sentencing date".
 
Interestingly that Lynn's is being called a pre-sentence hearing. No wonder the courts are clogged up! Couldn't the Judge have said at the time "All submissions to me a week before the sentencing date".
That would be a radical change, to conduct a court "hearing" in writing. I conjecture that it would take longer, for the each side to receive and review each others' arguments, research and prepare counter-arguments and objections, and for the judge to wade through it all with no chance to interject: "Where is all this going? Get to the point or sit down."
 

@ Highcountry

Hi mate welcome to the thread, I've been trying to find info about Lynns drinking habits for quite awhile, him being very intoxicated that night ties together all the parts of the story that don't make sense to me, it appears you have some first hand knowledge and saying he was a big drinker was very interesting. Thank you

Also didn't realise so many dogs had died around him, I'd just heard about the pig. Absolutely wow-ee. Plenty of criminals in prison who might not care if you're a murderer but if you're known to kill dogs? Even murderers normally love their dogs. He's gonna get it from all angles.

An aura of death does seem to surround Mr Lynn
 
Court process in the County and Supreme Courts
At the end of the trial:
[…]

Plea Hearing
If the accused person pleads guilty or is found guilty, there will be a plea hearing.

At this hearing, the guilty person's lawyer can ask the judge to take certain things into account when deciding the sentence.

The judge will ask the prosecution whether the defendant has been found guilty of any offences in the past, as this may impact on the penalty the judge will impose at the sentencing hearing.

Any person who has been affected by the crime can submit a Victim Impact Statement.

This is your chance to tell the court how the crime has affected you. The judge will consider what you have said as one of many things they consider when they are deciding the sentence.

Sentencing hearing
The sentencing may happen on the same day as the plea hearing, but it can occur at a later date. At this hearing the judge tells the offender what their punishment will be.

Appeal
The accused person may lodge an appeal to the Court of Appeal against being found guilty or against the penalty. The Office of Public Prosecutions (OPP) can also appeal against the penalty if they think that the penalty was not enough for the crime or not legally correct.

Court process in the County and Supreme Courts
 
There was an article in The Age today written by John Silvester.

I found it interesting that RH's daughter Debbie, commented that she thought Melanie Lynns 'cackling like a hyena' (re when ML & GL watched the 60 minutes program) was more like a nervous laugh with the realisation it was GL's vehicle!

Debbie also commented that when GL said 'sorry' he didn't look at the families and she thought the apology was for the jury and not the families of the deceased. He barely gave Debbie a 'dismissive glance' after she testified.
She was also stunned at how much information wasn't available to the jury.

 
Melanie Lynns 'cackling like a hyena'

Hi @Sher Lock,
Thank you for the article! (it's behind a paywall for me & sadly even the 12ft io doesn't release it).

The *cackling* comment was *first* made by Justice Croucher - in the to & fro of ruling evidence in or out - "She's cackling like a hyena, it might be said," the judge remarked.
"Ms Lynn, who was sitting in the court's public gallery as the recording was played, began sobbing as she heard her voice echoing through the room."

What was of note to me about this - was that recording reduced her to tears but the obliteration of the victims did not.
Also reported during the trial Ms Lynn blew kisses & made heart shapes to her living husband - who - at that stage - was on trial for the murder of Carol Clay & Russell Hill.
-> I found these insensitive displays disturbing:
  • The families & loved ones (in attendance) didn't have anyone to blow kisses & make heart shapes to.
  • The Supreme Court of Victoria is not a sideshow, a carnival or a theatrical stage.
IMHO, the Lynns are players, GL - doesn't bear repeating - his lies are legend & well documented, I anticipate they will make a huge display of the soon-to-be-OR-will-be-impoverished-kept-in-the-dark wife - they'll do everything to ensure the true victims & their families do not receive just compensation - not that anything could compensate - for the murder of two innocent people & the almost total obliteration of Clay & Hill's remains - nor the trauma of months & months of not knowing - waiting - searching - for Clay & Hill & then - the layers & layers of trauma - to where they are now....
& it's still ongoing for them!

My thoughts remain with the Clay & Hill families, I wish them all the strength in the universe.
MOO

crikey - grammar, always grammaro_O
 
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There was an article in The Age today written by John Silvester.

I found it interesting that RH's daughter Debbie, commented that she thought Melanie Lynns 'cackling like a hyena' (re when ML & GL watched the 60 minutes program) was more like a nervous laugh with the realisation it was GL's vehicle!

Debbie also commented that when GL said 'sorry' he didn't look at the families and she thought the apology was for the jury and not the families of the deceased. He barely gave Debbie a 'dismissive glance' after she testified.
She was also stunned at how much information wasn't available to the jury.


Debbie evidently gave John Silvester permission to publish a couple of family photos.
Russell has three daughters (stated in the article) and more grandchildren than you can count on one hand (judging by the photos published in this article, and the one of him with the baby which was published before).
 
They are surely not going to leave Melanie and the adult children with nothing? They haven’t committed any crimes as far as I’m aware?
Just clarifying. Who are you referring to when you say
They are surely not going to leave Melanie and the adult children with nothing?
 

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