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.

 

[Cliff Hardy]

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

There is probably an avenue open to Robyn Hill and family for a civil case against the convicted murderer, Greg Lynn.

With the burden of proof lowered in a civil case from "beyond reasonable doubt" to "on the balance of probabilities", they would surely have a very good chance of success.

 

[SouthAussie]

There is probably an avenue open to Robyn Hill and family for a civil case against the convicted murderer, Greg Lynn.

With the burden of proof lowered in a civil case from "beyond reasonable doubt" to "on the balance of probabilities", they would surely have a very good chance of success.

Yes, I was thinking about the civil case against OJ Simpson. The families at least got the public confirmation that he killed Nicole Brown and Ron Goldman.

Even if they, three decades later, are still trying to get him (now his deceased estate) to pay the $33M they were awarded. They have only received $132,000.

Goldman's sister, Kim, said it was never about the money. It was about accountability.

Perhaps this is a way that the Hill family can get public accountability from Greg Lynn for Russell's death.

O.J. Simpson never paid the Goldmans the millions he owed them. Can they finally collect?

Ronald Goldman's family may be able to extract money owed to them from a wrongful-death judgment against O.J. Simpson's estate following the football star's death.

www.latimes.com

 

[discostu]

There is probably an avenue open to Robyn Hill and family for a civil case against the convicted murderer, Greg Lynn.

With the burden of proof lowered in a civil case from "beyond reasonable doubt" to "on the balance of probabilities", they would surely have a very good chance of success.

I did some googling on this a little while ago when the trial was happening and from what I could tell to sue for wrongful death in Australia you generally have to prove a financial loss, usually due to being financially dependent on the victim. As Russell and Carol were both retired it’s unlikely that anyone was financially dependent on either of them to have a claim - apart from Robyn Hill, but she would be entitled to Russell’s superannuation as well as any portion of his estate left to her.

Sadly, it sounds like only Carol’s family will be able to pursue the victims of crime compensation path.

 

[JLZ]

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.

It used to be a mandatory "life" sentence in Victoria, but apparently not any more.

CRIMES ACT 1958 - SECT 3 Punishment for murder

 

[SouthAussie]

I did some googling on this a little while ago when the trial was happening and from what I could tell to sue for wrongful death in Australia you generally have to prove a financial loss, usually due to being financially dependent on the victim. As Russell and Carol were both retired it’s unlikely that anyone was financially dependent on either of them to have a claim - apart from Robyn Hill, but she would be entitled to Russell’s superannuation as well as any portion of his estate left to her.

Sadly, it sounds like only Carol’s family will be able to pursue the victims of crime compensation path.

Having spent 18 months wondering where her husband was, as well as then finding out he had been burned and smashed to smithereens, I think at the very least Robyn Hill could sue for:

Non-economic loss (also known as 'general damages' or 'pain and suffering damages')
Damages for: pain and suffering, loss of amenities of life, loss of enjoyment of life

Victorian Government Solicitor's Office - Understanding thresholds and caps in personal injury litigation

This is the Vic legislation .... Wrongs Act 1958

 

[wallyworld]

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 imagine ML would be entitled to retain her financial interest in their combined assets.

 

[TootsieFootsie]

I imagine ML would be entitled to retain her financial interest in their combined assets.

You would hope so, wouldn't you.

 

[Awakening]

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

Yeah that’s what I was trying to figure out. I would think they could claw back GL’s share, but not ML’s?

I don’t know what the legislation is, but I can’t imagine an innocent party would be forced to handover their half of the family home?