Found Deceased Australia - Russell Hill, 74, & Carol Clay, 72, Wonnangatta Valley, 20 Mar 2020 #6 *charges*

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  • #581
It's just barely "months of incarceration", as he was only charged last November. He's going to have to learn how to put up with it for years, fingers crossed.

He has been incacerated for five months now, which is months of incaceration, not "barely months".
 
  • #582
It's just barely "months of incarceration", as he was only charged last November. He's going to have to learn how to put up with it for years, fingers crossed.
Although I do see the irony here that being in jail even for a day would be monotonous, being in a cell with four walls all the time. Oh well we can say, justice takes time sometimes.
 
  • #583
It's just barely "months of incarceration", as he was only charged last November. He's going to have to learn how to put up with it for years, fingers crossed.
If the accused is found guilty of double homicide he will be incarcerated for a minimum 40 years IMO.

Aged 55 years he would spend the rest of his life locked up.

This opinion is based on the following report that is very informative.

Homicide in Victoria: Offenders, Victims and Sentencing Statistical Report - PDF - 292 KB - 104pg (sentencingcouncil.vic.gov.au)
 
  • #584
Can anyone tell me how to look up the court date for Greg Lynn's committal hearing / trial. I saw in a media report 31st May was mentioned and I presume that will be in Sale. I have looked on the various court websites but have not been able to find what I am looking for.
 
  • #585
Can anyone tell me how to look up the court date for Greg Lynn's committal hearing / trial. I saw in a media report 31st May was mentioned and I presume that will be in Sale. I have looked on the various court websites but have not been able to find what I am looking for.
Here's the link I found. Hearing is set for 31/05/22 at 10am. EFAS
 
  • #586
Here's the link I found. Hearing is set for 31/05/22 at 10am. EFAS
thanks for the info, the link does not show any detail just blanks that need to be filled in. what search details did you use?
 
  • #587
thanks for the info, the link does not show any detail just blanks that need to be filled in. what search details did you use?
I used this link and then clicked on the EFAS link. Strange that you can't see the detail as I can see it when I click on. Anyway, if you just fill in 'Criminal List' 'Sale Magistrates Court' 'Hearing Date .. 31/05/22' 'Defendent .. Lynn'. That will bring up the detail for you. Good luck and if any further problems I can perhaps take a screen shot for you. Find a court date | Magistrates Court of Victoria
 
  • #588
Can anyone tell me how to look up the court date for Greg Lynn's committal hearing / trial. I saw in a media report 31st May was mentioned and I presume that will be in Sale. I have looked on the various court websites but have not been able to find what I am looking for.
Good luck. I hope you are able to find it. Well, actually I should rephrase that I hope you have found it by now, since it was a day or so ago you asked us.
 
  • #589
thanks for the info, the link does not show any detail just blanks that need to be filled in. what search details did you use?
Try this link, I hope it brings the details up for you
if not the case number is M12438593 for Sale Magistrates Court
EFAS
 
  • #590
Thanks srper2! That comes up for me.

Sale Magistrates Court
Tuesday 31st May 2022
10am

Try this link, I hope it brings the details up for you
if not the case number is M12438593 for Sale Magistrates Court
EFAS
 
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  • #592
In Australia I wonder what aspects of the accused's case will be discussed at the committal hearing? Is it the beginning stages of the formal trial? This is what I'm assuming, although I could be wrong. I know the Covid pandemic has caused a lot of delays and I would imagine the same holds true for Australia. Different jurisdictions have different methods in their judicial systems. So that's what makes me ask this particular question.
 
  • #593
In Australia I wonder what aspects of the accused's case will be discussed at the committal hearing? Is it the beginning stages of the formal trial? This is what I'm assuming, although I could be wrong. I know the Covid pandemic has caused a lot of delays and I would imagine the same holds true for Australia. Different jurisdictions have different methods in their judicial systems. So that's what makes me ask this particular question.

In Victoria (some snippets):

What is a Committal Hearing? (Vic)

When a person is charged with a serious indictable offence that must be dealt with by the Supreme Court or County Court, the accused must first be ‘committed’ to a higher court by a magistrate. This occurs by way of a proceeding known as a Committal Hearing. At a Committal Hearing, a magistrate considers the prosecution case against the accused and makes an assessment as to whether there is sufficient evidence for a jury to find them guilty. If there is insufficient evidence for a jury to find the accused guilty, the magistrate will dismiss the charge at the Committal Hearing. If there is enough evidence to support a finding of guilt, the magistrate will commit the matter to a higher court, where it will be finalised by way of a guilty plea or a trial.

A committal hearing can also be used by the defence as an opportunity to test the strength of the case, to cross-examine prosecution witnesses and get an idea of how they are likely to perform at trial. It enables the accused to prepare and present a case and for the issues in contention to be clearly defined.

What happens at a committal hearing?


How a committal proceeds depends on whether the defence wishes to take the opportunity to test the prosecution case. If the defence wants to test the evidence, the matter proceeds to an oral committal. If the defence concedes that the evidence is sufficient to commit the matter to a higher court, it can be dealt with by way of a hand up committal.


Oral Committals

At an oral committal hearing, the prosecutor will call each of its witnesses to provide evidence-in-chief. This is usually done by the witness adopting the content of their statement and attesting to its truth and accuracy. The defence then has the opportunity to cross-examine each of the witnesses. However, the defence is not required to put the defence case to the prosecution witnesses and give them the opportunity to comment on it as occurs during a trial.


The defence will often use an oral Committal Hearing as an opportunity to establish facts. The prosecution must lead all its evidence at the Committal Hearing. It is unusual for the defence to call witnesses at the committal stage.


Full article: What is a Committal Hearing? (Vic)
 
  • #594
In Victoria (some snippets):

What is a Committal Hearing? (Vic)

When a person is charged with a serious indictable offence that must be dealt with by the Supreme Court or County Court, the accused must first be ‘committed’ to a higher court by a magistrate. This occurs by way of a proceeding known as a Committal Hearing. At a Committal Hearing, a magistrate considers the prosecution case against the accused and makes an assessment as to whether there is sufficient evidence for a jury to find them guilty. If there is insufficient evidence for a jury to find the accused guilty, the magistrate will dismiss the charge at the Committal Hearing. If there is enough evidence to support a finding of guilt, the magistrate will commit the matter to a higher court, where it will be finalised by way of a guilty plea or a trial.

A committal hearing can also be used by the defence as an opportunity to test the strength of the case, to cross-examine prosecution witnesses and get an idea of how they are likely to perform at trial. It enables the accused to prepare and present a case and for the issues in contention to be clearly defined.


What happens at a committal hearing?


How a committal proceeds depends on whether the defence wishes to take the opportunity to test the prosecution case. If the defence wants to test the evidence, the matter proceeds to an oral committal. If the defence concedes that the evidence is sufficient to commit the matter to a higher court, it can be dealt with by way of a hand up committal.


Oral Committals

At an oral committal hearing, the prosecutor will call each of its witnesses to provide evidence-in-chief. This is usually done by the witness adopting the content of their statement and attesting to its truth and accuracy. The defence then has the opportunity to cross-examine each of the witnesses. However, the defence is not required to put the defence case to the prosecution witnesses and give them the opportunity to comment on it as occurs during a trial.


The defence will often use an oral Committal Hearing as an opportunity to establish facts. The prosecution must lead all its evidence at the Committal Hearing. It is unusual for the defence to call witnesses at the committal stage.


Full article: What is a Committal Hearing? (Vic)
Thanks. Informative.
 
  • #595
  • #596
  • #597
Getting closer.
I'd be so interested in hearing about what evidence LE has gathered. I hope everything is processed well so nothing in that aspect is lacking. Sometimes technicalities can cause issues and that leaves no recourse, unfortunately. On Websleuths we have seen it happen on technicaliites. All MOO.
 
  • #598
In the year 2022 why can’t the wheels of justice turn faster. Our “good old legal system” needs a massive overhaul.

A couple of thoughts:

The onus of proof on the prosecution is heavy. No prosecutor wants to lose a major case on a legal technicality, so evidence gathering and case building needs to be stringent and painstaking.

In this case, as I understand it, there are no eye witnesses and the accused is non-cooperative so police have to do a lot of leg work, and that takes time. (Also, police may have undercover agents in the prison working on the accused -- a process which may take quite a long time.)

As well as that, court calendars are jammed full into the future thanks to COVID.
 
  • #599
The law/judicial system also moves slowly for a reason… better to be slow and somewhat ponderous, but careful, accurate and thorough. While the waiting is painful, especially for victim-survivors and their families, it is ultimately necessary to have some delays in order that things are done right.

I agree that Covid has put additional pressure on the system and slowed it down even more, though! (As has happened in many areas and industries.) that’s really hard and far from ideal. Wonder how long it will take for that to even out (I’m thinking a long time).
 
  • #600
Hi all. I have been lurking for awhile here but only just joined. I'm an extended family member of the deceased. Thank you to everyone who tried so hard to help solve this tragedy.

I was hoping to find a video link for Tuesday but after going through the list of all the links it seems it's not going to be publicly available to view?
 
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