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

[SouthAussie]

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?

I don't think the Victims of Crime scheme works like that.

Though I guess that Greg Lynn may potentially be up against a wrongful death lawsuit(s) which could award more money to the victims? IDK
Especially in Russell's death, this may be a way for the family to get some recognition of Lynn's part in Russell's death - as the burden of proof is lower in civil cases.


From what I have read about the Victims of Crime scheme (see link), the primary victim is entitled to up to $60,000 plus up to $20,000 for loss of income.
Secondary victims are entitled to up to $50,000 - plus loss of earnings up to $20,000 in exceptional circumstances.
Related victims are entitled to up to $50,000. And the total pool for all related victims is $100,000.

The entitlements are intended to cover medical, counselling, and safety related expenses.

Probably the police stuck a lien on the house to ensure that there was actually money that could be awarded to the victims. imo

Applying for financial assistance from Victims of Crime Assistance Tribunal

Victims of violent crime in Victoria may be able to apply for financial assistance from VOCAT to help them with costs.

www.victimsofcrime.vic.gov.au

 

[SouthAussie]

Although, reading a little further ... the Victorian police can confiscate property linked to the offender, sell it at auction, and give the entire proceeds to the Victims of Crime fund (I think).

Asset confiscation

Learn about the confiscation of property and/or money connected to crime in Victoria.

www.justice.vic.gov.au

 

[JLZ]

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?

But they might need to sell the house to take GL's half?

 

[BreakingNews]

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

Isn't there an automatic sentence for murder? Admittedly it was a while ago in Qld, but I have heard sentences given as soon as the verdict is read. The judge has asked about priors, then sentenced. I suppose a sentence hearing would add or subtract depending on circumstances.