GUILTY Australia - Lynette Dawson, 34, Sydney, Jan 1982 *Arrest* #4

[musicaljoke]

Still refusing to take the consequences of his actions.. no remorse.. still believing he is the victim.. sickening really

Or maybe it's just some pre-bail drama. How likely is it that he will be granted bail? In some places bail cannot be granted during the wait for sentencing for those who were convicted of murder. This obviously must not be the case here.

 

[drsleuth]

The bail hearing is today and I think there will be an uproar if he is granted bail.

Can't see Dawson receiving anything other than 20 years, when it comes to sentencing.

I can't see any reason why he would be granted bail.

The bail hearing is being heard by the same judge.

 

[drsleuth]

BAIL ACT 2013 - SECT 22B Limitation regarding bail during period following conviction and before sentencing for certain offences

classic.austlii.edu.au

BAIL ACT 2013 - SECT 22B​

Limitation regarding bail during period following conviction and before sentencing for certain offences

22B Limitation regarding bail during period following conviction and before sentencing for certain offences​

(1) During the period following conviction and before sentencing for an offence for which the accused person will be sentenced to imprisonment to be served by full-time detention, a court--

(a) on a release application made by the accused person--must not grant bail or dispense with bail, unless it is established that special or exceptional circumstances exist that justify the decision, or

(b) on a detention application made in relation to the accused person--must refuse bail, unless it is established that special or exceptional circumstances exist that justify the decision.

(2) If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why the accused person's detention is not justified.

(3) Subject to subsection (1), Division 2 applies to a bail decision made by a court under this section.

(4) This section applies despite anything to the contrary in this Act.

(5) In this section--

"conviction" also includes a plea of guilty.

Note--:
"Conviction" is defined in section 4(1) to include a finding of guilt.

So he has to prove special or exceptional circumstances exist, I see none!

 

[Bats]

I am curious about the length of the sentence. If Chris is given 20 years, it will effectively eliminate any incentive to tell the family where the body is. I'm in Victoria and the sentencing laws are quite different to NSW it seems.

 

[Cliff Hardy]

I am curious about the length of the sentence. If Chris is given 20 years, it will effectively eliminate any incentive to tell the family where the body is. I'm in Victoria and the sentencing laws are quite different to NSW it seems.

At what point does a negotiated sentence start becoming attractive to Dawson though?

Taking into account he is 74 and not in the greatest of shape, he will be lucky to survive 10 years in prison IMO.

So a reduction from 20 years to say 15, for leading them to Lyn's body, won't make an ounce of difference to him. Telling the authorities where Lyn is buried also takes away his option of claiming he was innocent until his dying day. Once he admits he did it he isn't going to get many visitors.

 

[musicaljoke]

Glad the police haven't given up looking but more and more I favour the theory that Chris used the rubbish tip where he worked as the dumping ground for Lyn's body. If that is the case, she is lost forever, regardless of whether Dawson confirms it or not.

It's possible, especially since he knew how rubbish was handled, but it's also a risky place to hide her. He wouldn't have control over the comings and goings in the dumping area. Therefore, I suspect that he hid her remains in a place where they could never be found. He had time to do it thoroughly. He was under no time constraints that left him with no choice but to simply hide her body in some kind of a knee jerk fashion.

 

[hoodunnit]

If I was to hazzard a guess I would say their thinking is somewhere close to Lake Munmorah but before South West Rocks. Probably closer to Lake Munmorah.

I think Central Coast ends just before Newcastle so maybe not that high up.

 

[TootsieFootsie]

“There was also concern that he would be the target of other inmates due to the high-profile nature of the case and his well-documented relationship with a schoolgirl.

Maybe the suicide threats weren't real, but his fear of those other "real villains" was, so he'd rather have "private quarters"

 

[TootsieFootsie]

I seem to remember that during the dig at the house, he was seen to drive by the place, even though he no longer lived there, or nearby.
Why would he do that, unless he was concerned that they may be searching in or close to the "the spot"
That made me think that maybe Lyn is there somewhere. Wasn't it said that there was an area of bushland just behind ?

Anyway I believe she could still be on that property or close by.

 

[Cliff Hardy]

I seem to remember that during the dig at the house, he was seen to drive by the place, even though he no longer lived there, or nearby.
Why would he do that, unless he was concerned that they may be searching in or close to the "the spot"
That made me think that maybe Lyn is there somewhere. Wasn't it said that there was an area of bushland just behind ?

Anyway I believe she could still be on that property or close by.

Hope so. Or somewhere else where Lyn's body can still be found and recovered.

I hope his daughters apply pressure on him to come clean but as I said in my previous post, it would mean he would have to admit to them he killed Lyn.

Suspecting that if Dawson ever does admit he did it - and hopefully also where Lyn is buried - he will come out with some b.s. about it being a terrible accident or that he was acting in self defence.

 

[Trooper]

Thank you Trooper. I trust there are no grounds for an appeal.

I can't see any ! ...... It's a very specialised factor of the court process, any barrister can, and almost always does , say , right in front of the court, as loudly as possible, ' my client will of course be appealing'... but the actual program of that requires a lot more than a tantrum because I've been found guilty.

Dawson will have to come up with verifiable, tangible new evidence, nothing from his fortune teller, or his star sign, or what the tea leaves say. Cold , hard, new evidence that the prosecutor agrees to.

The other chance is, Dawson will have to reveal, expose , highlight a verifiable and tangible error that the judge has made in conducing the case over all, in instructions to the jurors ( none in this case ) in directions to the barristers, etc. In admittance of an evidence, ...

Harrisons summing up was detailed to a remarkable degree, as most if not all summing ups of a judge only trial are, which is why they are pure pleasure to those who love a good tort. Not a word is wasted and there is a real generosity in the painting for the public of the judges perception and conclusions.

For these reasons, I do not see Dawson being granted leave to Appeal, but on the other hand , he is entitled to ask the court, no doubt about that, and there is a small chance that Dawson may have kept back a tiny tiny bit of new evidence. Finding an error in the judges conclusions, no.. ..that is not going to happen, I think.

 

[Cliff Hardy]

Dawson has DECLINED to apply for bail.

His sentencing date has been set for November 11th.

 

[Trooper]

The bail hearing is today and I think there will be an uproar if he is granted bail.

Can't see Dawson receiving anything other than 20 years, when it comes to sentencing.

I'd be shocked to the core if he got bail. He is a convicted murderer, regardless of his age,, his social status (( such as it is ) his state of health., his suspected dementia, ...

On the dementia grounds alone, he should not be granted bail, but even so, the public at large would not cop bail for a murderer. ... There'd be trouble, I reckon.

Doesn't matter if he serves his entire sentence in Special Cell Block C, thats the luck of the draw. There are staff to attend to that.. How to keep Dawson away from the grumbling fellow murderers, well. .. everyone in prison takes their chances, and sure, he's old , and handicapped, but . oh well. Tough times.

 

[Trooper]

Dawson has DECLINED to apply for bail.

His sentencing date has been set for November 11th.

a polite way of saying, I won't be applying for something I had absolutely zero, zip chance of getting...

And, I suspect, no one was going to go guarantor for him OR PUT UP THE MONEY FOR BAIL< which would have been a million at least.

Mean to the end!! they cannot help themselves!

 

[Cliff Hardy]

Yeah, he would have had Buckley's of getting bail.

Struggling to understand why the sentence won't be handed down until November 11th though?

Perhaps it's time to give the defence time to appeal the verdict?

 

[musicaljoke]

Yeah, he would have had Buckley's of getting bail.

Struggling to understand why the sentence won't be handed down until November 11th though?

Perhaps it's time to give the defence time to appeal the verdict?

What's Buckley's?

 

[Trooper]

Yeah, he would have had Buckley's of getting bail.

Struggling to understand why the sentence won't be handed down until November 11th though?

Judge Harrison, at the end of his summing up, exchanged words with the Prosecutor, or it might have been Dawson's barrister, along the lines of that the summing up had more detail, than that which the Judge was reading out, and that it would be published in the CaseLaw area, argy bargy went back and forth and they all agreed that the CaseLaw , the printed out udgement would be ready by Thursday...

Most sentences are given on the day of the summing up along with, naturally, the judgement. It was a tiny detail that surprised me,, at the time, I think I heard it right, happy to be enlightened if not.

 

[TootsieFootsie]

What's Buckley's?

Buckley's chance (uncountable) (Australia, idiomatic, informal) A very small chance; no chance at all.

An Australian saying.

Urban Dictionary: Buckley's chance

A very small chance of success, often expressed as "You've got two chances, mate. Buckley's and none." Alternatively contracted to "You've got Buckley's." Derived from the life of William Buckley, an English soldier convicted of theft circa 1803 and sentenced to transportation to Port Phillip...

www.urbandictionary.com

Buckley's chance​

A very small chance of success, often expressed as "You've got two chances, mate. Buckley's and none." Alternatively contracted to "You've got Buckley's."

Derived from the life of William Buckley, an English soldier convicted of theft circa 1803 and sentenced to transportation to Port Phillip, (present-day Melbourne, in Australia). Buckley escaped and set off for Sydney. He was adopted by the Walthaurung Aborigines and arrived in Sydney in 1835, 32 years later.

 

[Annalize]

Dawson has DECLINED to apply for bail.

His sentencing date has been set for November 11th.

Perhaps he realises he has more protection "inside" than "outside".
His arrogance and self-centredness and disregard for others is likely to infuriate many.
Seems he still feels entitled to be protected and kept safe.. when he and his mates have damaged so many..
He wants a private suite while in custody, with 5 star advantages, that his victims taxes are paying for.
What a hero!

 

[JLZ]

I can't see any ! ...... It's a very specialised factor of the court process, any barrister can, and almost always does , say , right in front of the court, as loudly as possible, ' my client will of course be appealing'... but the actual program of that requires a lot more than a tantrum because I've been found guilty.

Dawson will have to come up with verifiable, tangible new evidence, nothing from his fortune teller, or his star sign, or what the tea leaves say. Cold , hard, new evidence that the prosecutor agrees to.

The other chance is, Dawson will have to reveal, expose , highlight a verifiable and tangible error that the judge has made in conducing the case over all, in instructions to the jurors ( none in this case ) in directions to the barristers, etc. In admittance of an evidence, ...

Harrisons summing up was detailed to a remarkable degree, as most if not all summing ups of a judge only trial are, which is why they are pure pleasure to those who love a good tort. Not a word is wasted and there is a real generosity in the painting for the public of the judges perception and conclusions.

For these reasons, I do not see Dawson being granted leave to Appeal, but on the other hand , he is entitled to ask the court, no doubt about that, and there is a small chance that Dawson may have kept back a tiny tiny bit of new evidence. Finding an error in the judges conclusions, no.. ..that is not going to happen, I think.

I didn't hear the judge explain how he found that CD had the specific mens rea for murder. 'Conscious and voluntary' is not sufficient. It might have been in what I missed after the streaming stopped. Otherwise, ground for appeal? I thought the lawyer's choice of words was interesting when he said that CD had always maintained his innocence of the crime of which he was convicted . . . not that CD was innocent of killing Lyn. I can think of a possible manslaughter scenario: he overdrugged her to avoid the sex part of their sexy celebration, not with the intention of killing her or inflicting grievous bodily harm. Perhaps I should add, I don't believe that happened. I believe it was murder.