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

[Kemug]

Dermot Dann can lodge an appeal, but it doesn't mean an appeal will be granted. He will need to find specific allowable and valid grounds for an appeal, for one to be heard.

He now has 28 days in which to appeal.

You've got Buckley's, mate!

 

[Trooper]

It is very encouraging that this cowardly murder was, in very great part, solved , yet again, by the tracing and detection of the cell phone, of either the victim/s or the perpetrator. This is an ongoing problem to those who kill, the wretched phone stuff, in this instance, the phone was in the victims pocket, as the murderer travelled with the body. Sometimes, it's their own phone, they cannot leave it at home, it's an extension of themselves, as it is to anyone else, and it is like a faithful dog, it tracks a person. Long may it last.

 

[SouthAussie]

I am really glad Justice Croucher acknowledged the dignity of Russell's family.

IMO, it is clear that the 'not guilty' verdict for Russell's death is not because the jury found he wasn't murdered.

Presumably the appeal would be for the 'guilty' verdict and not the length of sentence. I suppose you can't have it both ways.

I think Dann already indicated that he would base an appeal on the disparity between verdicts.


Lynn’s barrister Dermot Dann KC said the jury went down a “forbidden pathway“ in delivering split verdicts .... Mr Dann also flagged an appeal to Lynn’s murder conviction, claiming the prosecution conducted the trial unfairly and there were inconsistencies in the two verdicts.

Greg Lynn to be sentenced for killing missing camper


I have been trying to find (legally) what the forbidden pathway might be or the problem with a split verdict, but I am not finding anything at the moment. Maybe it was all bluff and blunder for the sake of the media?

 

[Bats]

I think Dann already indicated that he would base an appeal on the disparity between verdicts.


Lynn’s barrister Dermot Dann KC said the jury went down a “forbidden pathway“ in delivering split verdicts .... Mr Dann also flagged an appeal to Lynn’s murder conviction, claiming the prosecution conducted the trial unfairly and there were inconsistencies in the two verdicts.

Greg Lynn to be sentenced for killing missing camper


I have been trying to find (legally) what the forbidden pathway might be or the problem with a split verdict, but I am not finding anything at the moment. Maybe it was all bluff and blunder for the sake of the media?

Thanks @SouthAussie

I think Dann talking about a "forbidden path" may be in reference to Croucher's words used in his charge to the jury.
"one narrow path to a unanimous verdict of guilty, but any number of paths to a unanimous verdict of not guilty".
'One narrow path to unanimous' guilty verdicts in Greg Lynn trial, jurors told

Perhaps Dann's interpretation was that that "one narrow path", didn't include a split verdict. Though, I also get the feeling there is perhaps some theatrics there as he wants to be seen to be doing a thorough job.

Croucher did, after all, indicate a split verdict was absolutely possible in response to one of the jury's questions.

 

[Kemug]

Is there one single person who doesn't believe that Russell was also murdered?

 

[Sir_Loin]

I think Dann already indicated that he would base an appeal on the disparity between verdicts.


Lynn’s barrister Dermot Dann KC said the jury went down a “forbidden pathway“ in delivering split verdicts .... Mr Dann also flagged an appeal to Lynn’s murder conviction, claiming the prosecution conducted the trial unfairly and there were inconsistencies in the two verdicts.

Greg Lynn to be sentenced for killing missing camper


I have been trying to find (legally) what the forbidden pathway might be or the problem with a split verdict, but I am not finding anything at the moment. Maybe it was all bluff and blunder for the sake of the media?

It’s a Hail Mary. The jury followed the directions given to them by the judge to a T.

GL will try but he should fail. Remember the DPP put in an interlocutory appeal earlier in the trial. It’s worth reading that decision to get a sense of how the appeals court will view this.

 

[Sir_Loin]

Is there one single person who doesn't believe that Russell was also murdered?

12

 

[SouthAussie]

I think there was likely some reasonable doubt among the jury about Russell. And probably not all 12 of them. But to avoid a hung jury they decided to acquit in his (I believe) murder.

They deliberated for 7 days. They were trying to get past the reasonable doubt, but due to Lynn destroying all the evidence they couldn't be sure.

With Carol it was a bit different because Lynn couldn't claim that Carol wasn't shot in the head.

imo

 

[Sir_Loin]

I think there was likely some reasonable doubt among the jury about Russell. And probably not all 12 of them. But to avoid a hung jury they decided to acquit in his (I believe) murder.

They deliberated for 7 days. They were trying to get past the reasonable doubt, but due to Lynn destroying all the evidence they couldn't be sure.

With Carol it was a bit different because Lynn couldn't claim that Carol wasn't shot in the head.

imo

This appeal process is going to be a real test of the justice system. We can get into a debate about if it’s a justice system or a legal system but I genuinely think when you get to an appeal and strip it all back what is in the interests of the victims and the community. Not some technicality - the jury and the judge did their job. It must be respected.

 

[JBowie]

“During his pre-sentencing plea, the court heard that, in addition to his two children with his former wife, Lisa, Lynn had another child with a woman in Adelaide.“
“That relationship ultimately broke down so he moved back to Melbourne with his sons,” Mr Dann told the court.“

Has there been any more details found about these 2 events?

There was mention a while back about an affair that was subject to a gag order. This may be it.

 

[JBowie]

He could be out in 24 years.

Should be life meaning life as it does in NSW:

If an individual is sentenced to life imprisonment or life without parole, in NSW, they are to remain in custody for the rest of their natural life without any prospect of parole.

 

[TootsieFootsie]

DBM

 

[Cedars]

12

I don't agree. The verdict was not "innocent". The verdict 'Not guilty' means 'not proven beyond a reasonable doubt through hard evidence'

JMO

 

[Cedars]

Thanks @SouthAussie
Perhaps Dann's interpretation was that that "one narrow path", didn't include a split verdict. Though, I also get the feeling there is perhaps some theatrics there as he wants to be seen to be doing a thorough job.

Croucher did, after all, indicate a split verdict was absolutely possible in response to one of the jury's questions.

I agree about the theatrics.

My impression is, the fact that the jury was able to be open-minded enough, and fair enough to the defendent to not find him guilty of Russell's murder, even though they agreed with every other aspect of the prosecution's theory of the crimes, likely means there is really nothing to appeal. If they had just decided 'Well, he lied about Carol, therefore he must be lying about Russell', there might be something to appeal. But instead, they looked carefully at the evidence and the legal guidelines, not their emotions.

JMO

 

[Cliff Hardy]

I think Dann already indicated that he would base an appeal on the disparity between verdicts.


Lynn’s barrister Dermot Dann KC said the jury went down a “forbidden pathway“ in delivering split verdicts .... Mr Dann also flagged an appeal to Lynn’s murder conviction, claiming the prosecution conducted the trial unfairly and there were inconsistencies in the two verdicts.

Greg Lynn to be sentenced for killing missing camper


I have been trying to find (legally) what the forbidden pathway might be or the problem with a split verdict, but I am not finding anything at the moment. Maybe it was all bluff and blunder for the sake of the media?

The pathway the jury went down in splitting the verdicts was offered to them in unambiguous fashion by the judge. It is an 'inconvenient pathway' to Dan and the murderer Lynn but 'forbidden,' it wasn't.

 

[Cliff Hardy]

Partially.
I would personally have liked to see him receive two murder convictions, and consecutive life sentences.
Hopefully karma will see that justice for Russell is served.

imo

I'm with you there but I suspect that even if Lynn had been found guilty of both murders, he wouldn't have received more than 32 on 24. I do feel sorry for Russell Hill's family and friends though.

Lyn is 58. Even if he just serves the minimum 24 years, that makes him 82 next time he sees daylight. Assuming he lives that long.

There are still a few unresolved historic things that might now come back and bite Lynn too.

 

[SouthAussie]

I was reading an appeal yesterday (in NSW) about a man who allegedly broke into a home, the homeowner chased him down and the homeowner was stabbed by the man.

A jury convicted the man for breaking and entering, and the stabbing.
The appeals court reversed the jury decision because it could not be proven that the man committed the B&E (the appeals court found reasonable doubt) and therefore it could not be proven that he stabbed the homeowner in anything but self defence - which was the man's claim as to why he stabbed the homeowner.

To be clear, I am NOT saying that Dann will be able to base a successful appeal on this type of thing.
But I think it is possible that he may try.
Because he kept saying there was "no motive" for Lynn to have killed Carol.
Not that a motive is required, but he MAY be trying to point to 'why would Lynn murder Carol if he did not murder Russell' (as per the jury's finding).

To be clear again, I personally think Lynn murdered both Russell and Carol.
And I do not think such an appeal would be successful, because Lynn could have killed Carol for any amount of reasons (eg: losing his pilot's license for having firearms not locked up in his vehicle) - and the prosecution did not try to establish a motive in their deaths.

Defendant’s Appeal is Successful as the Jury’s Verdict Was Unreasonable | NSW Courts

A man convicted of intimidation had his conviction quashed as it was found there was no basis for the jury to find him guilty of the crime after they found him innocent of another charge.

nswcourts.com.au

 

[TootsieFootsie]

Greg Lynn jailed for at least 24 years over ‘brutal, horrific’ murder of camper Carol Clay in Victoria’s high country

Former Jetstar pilot sentenced over Wonnangatta Valley killing, after being found not guilty of murdering Russell Hill

www.theguardian.com

In a sentence that took almost an hour and a half to deliver, Croucher fought back tears as he acknowledged Hill’s family, who he said were “left in an excruciating legal limbo” as a result of the verdict.

He said no sentence would “lessen the grief or ease the pain of Clay’s loved ones”.

“The sentence to be imposed is not a measure of Mrs Clay’s life. It can’t be,” he said.

 

[TootsieFootsie]

The sentencing of Greg Lynn was a definitive chapter, but an appeal means the story is far from over​

The court gasped when convicted killer Greg Lynn was sentenced to 32 years for murdering Carol Clay, but the saga is not over

Sentencing is supposed to be the closing chapter of a criminal case but it's not for the families of Carol Clay and Russell Hill, who now await killer Greg Lynn's impending appeal.

www.abc.net.au

 

[TootsieFootsie]

‘Suffer in hell’: Grandson’s parting words to Gregory Lynn after 32-year camper murder sentence​

‘Suffer in hell’: Grandson’s parting words to Gregory Lynn after 32-year camper murder sentence

Lynn muttered only two words following his sentencing for the brutal and violent murder of grandmother Carol Clay. Her family’s pain was summed up in one small courtroom interaction.

www.theage.com.au

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