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

[Trooper]

I don't think the DPP can appeal a not guilty verdict, they can only appeal a sentence.

And I think that only fresh and compelling evidence will overcome the double jeopardy rule and allow a retrial.


If the jury finds the accused not guilty of the crime, the accused person is free to go. This is called an acquittal. The prosecution cannot appeal against an acquittal.

The court process - Office of Public Prosecutions

The court process The main steps in a criminal case Home On this page The main steps in a criminal case Police investigation If police refer the case to the OPP Committal stage Trial Plea hearing Sentencing hearing Appeal – Court of Appeal Mental impairment and unfitness cases Drug and Alcohol...

www.opp.vic.gov.au

The only exception to the double jeopardy rule is if the case has fresh and compelling evidence that compels a Court to order a retrial if it is in the interests of justice.

Double Jeopardy Law Australia | Astor Legal

A complete guide to double jeopardy law in Australia including an explanation of the principle, exceptions, leading cases and examples

astorlegal.com.au

Thanks for that, SA.. the DPP could go forward with the stuff that was not admitted for Carol's murder... then again , taxpayers may be content with one life sentence, and that is reasonable, in one sense.. however, there are taxpayers who are not, and see no problem with one person being convicted for two murders...

R v Carroll comes to mind, re double jeopardy, horrible horrible crime, ...

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2002/55.html?context=1;query=Carroll%20%20%20double%20jeopardy;mask_path=

 

[TootsieFootsie]

Seems to be the same video I already listened to, except this one says it went up 3 hours ago.

What Sly thinks really happened with Carol Clay and Russell Hill

Sly has outlined what he believes really happened on the now infamous day in the Victorian high country back in 2020, which saw two campers lose their lives. Greg Lynn was charged with the murder of camper Carol Clay, but acquitted of the murder of Russell Hill, with Mr Lynn set to appeal the...

www.3aw.com.au

 

[JBowie]

Fresh details about Greg Lynn’s life and career revealed in court

https://www.dailytelegraph.com.au/news/victoria/fresh-details-about-greg-lynns-life-and-career-revealed-in-court/news-story/a8255295b473e6db14de71ec49f6ea4e

 

[Cliff Hardy]

Fresh details about Greg Lynn’s life and career revealed in court

https://www.dailytelegraph.com.au/news/victoria/fresh-details-about-greg-lynns-life-and-career-revealed-in-court/news-story/a8255295b473e6db14de71ec49f6ea4e

Can't stand those paywalls!

 

[JBowie]

Can't stand those paywalls!

I subscribe to my 3 local major papers because I use them heavily. I'd like to subscribe to a number of the big O/S ones, but with exchange rate and other charges, it becomes pricey for the amount of use.

 

[Cliff Hardy]

I subscribe to my 3 local major papers because I use them heavily. I'd like to subscribe to a number of the big O/S ones, but with exchange rate and other charges, it becomes pricey for the amount of use.

I subscribe digitally to Herald Sun and still have it delivered, believe it or not.

 

[Sir_Loin]

I subscribe to my 3 local major papers because I use them heavily. I'd like to subscribe to a number of the big O/S ones, but with exchange rate and other charges, it becomes pricey for the amount of use.

Just read the daily mail or news.com

Gutter “journalism” but you can sift the wheat from the chaff.

There’s also other methods but I’d get banned if mentioned them.

 

[Im_Toast]

The article is just the content of Justice Croucher’s sentencing. I can’t find the link to that right now but if anyone has it that’s what it is

 

[JBowie]

Just read the daily mail or news.com

I used to do that but wanted to read the in-depth stuff that is totally foreign to those two.

 

[Cagney&Lacey]

I'm not Tootsie - but, here you go...

Here is part of it - remember whilst Melbourne was in lockdown due to Covid19 - most people were at home and the warrant was running out - they decided to go "in" whilst all family members were present/asleep (including the gamer-son)

IMO - Amazing work, by 3 fit men (phoar) - and no doubt with night-goggles on !! (think TRG - tactical response/SOG's)
*******************************************************************************************************************************************

'Inside the high-stakes police surveillance operation that brought down Greg Lynn​

Normally, after being granted warrants to covertly install surveillance equipment, they would spend a few days monitoring the patterns of the household and identify an hour or two when they could be reasonably certain no one was in the house.

A specialised team would quickly enter and install tiny devices through ceiling cavities and wall cavities. The tips of these devices, each no bigger than a pin, were almost invisible to the naked eye and would sit flush with the wall or the ceiling, having just penetrated the surface.

The devices were connected to a scan detector. Finally, everything had to be hardwired into the powerboard of the house. It was delicate, highly technical work that required time to execute properly. Time alone in the house. But how could they install all this equipment at Lynn’s place when no one was leaving the house, and his son was staying up all night playing video games?
...
The only option, the last resort, was a “hot install” – covertly installing the surveillance equipment in the house in the dead of night while people were in it
...
At around 1am a dark HiAce glided into Caroline Springs and pulled up opposite the target house. Three fit men slipped out the rear door and walked quietly across the road. Two held small carry-bags, while the third gripped a Bogota rake (a type of lock pick) and a tension wrench, instruments that the team used to neutralise the deadlock on the front door swiftly and silently.

Once inside they worked quickly, precisely and in complete silence in the rooms and the roof cavity while the house’s occupants slept. All except Lynn’s son, who was still on his PlayStation. The real danger was disturbing the boy.

At 3.37am a signal from the living room appeared on the screens of the Comms monitoring room at Missing Persons HQ. Then another from the dining room. Then one from the kitchen … and finally, an excruciating seven-and-a-half minutes later, from the main bedroom. It was all done and the team was out before 4am.
...
Edit: This is an edited extract from In the Dead of Night: A Mysterious Disappearance, a Brazen Murderer and the Police Who Hunted Him Down by Greg Haddrick (Allen & Unwin), out on October 29.'

Thanks @Eaglette. Fascinating

 

[TootsieFootsie]

Thanks I was able to read the article re how they got in, I'm just awful at trying to paraphrase.
Everyone else does a much better job than me.

I'm still amazed at how they did it!

 

[TootsieFootsie]

'Exciting news': Sly's latest details on the civil action being taken by Russell Hill's daughter

Sly of the Underworld has spoken on the “exciting news” in relation to the civil action being taken by Russell Hill’s daughter Debbie against Greg Lynn. Lynn was convicted of the murder of Carol Clay, but acquitted of the murder of Hill, and Debbie joined 3AW Breakfast a fortnight ago to explain...

www.3aw.com.au

2.09 minute audio

 

[JBowie]

'Exciting news': Sly's latest details on the civil action being taken by Russell Hill's daughter

Sly of the Underworld has spoken on the “exciting news” in relation to the civil action being taken by Russell Hill’s daughter Debbie against Greg Lynn. Lynn was convicted of the murder of Carol Clay, but acquitted of the murder of Hill, and Debbie joined 3AW Breakfast a fortnight ago to explain...

www.3aw.com.au

2.09 minute audio

Pressing for a Coronial Inquest is an interesting idea, however, at this point I can see it being years away if it happens, given the expected appeal process and then the backlog of Coroner's Court cases in VIC -- where I think the wait queue is around 2 years long at the moment.

 

[sapphire blue]

Pressing for a Coronial Inquest is an interesting idea, however, at this point I can see it being years away if it happens, given the expected appeal process and then the backlog of Coroner's Court cases in VIC -- where I think the wait queue is around 2 years long at the moment.

Where is the info about pressing for a coronial inquest? The Sly link states nothing about that, only about Russell Hills daughter taking civil action

 

[SouthAussie]

Where is the info about pressing for a coronial inquest? The Sly link states nothing about that, only about Russell Hills daughter taking civil action

It's right near the start ..... from 38 sec mark.

Well, Darren Bracken - barrister, former homicide detective, and actually former Coroner - stepped up to give some advice, preliminary advice, to Debbie. And, at this point, they'll be pursuing the possibility of asking the Coroner to open an inquest into the death of Russell Hill because of those unexplained answers ....

Also says something about the Hill family getting answers they could only get at an inquest at around the 1:24-ish mark.

Profile of Darren Bracken

 

[sunspun]

So they installed their equipment in their house while GL and wife were in bed asleep and their son was in his room playing video games? And none of the residents of the house knew they had even been inside?? That's crazy. And they even installed something in the bedroom where GL and wife were asleep at the time! How is that possible? These devices could be installed with no tools like drills/hammers/etc. needed?? Silent installation, and quick too, amazing.

And then they had the added lucky bonus of him being someone who talked aloud to himself too.

Seems like an unusually clever investigation.

 

[sapphire blue]

It's right near the start ..... from 38 sec mark.

Well, Darren Bracken - barrister, former homicide detective, and actually former Coroner - stepped up to give some advice, preliminary advice, to Debbie. And, at this point, they'll be pursuing the possibility of asking the Coroner to open an inquest into the death of Russell Hill because of those unexplained answers ....

Also says something about the Hill family getting answers they could only get at an inquest at around the 1:24-ish mark.

Profile of Darren Bracken

Thanks, I couldn’t listen only read.

 

[Bats]

Appeal has been lodged....albeit late..

Greg Lynn lodges appeal against his murder conviction and sentence over Carol Clay's death

 

[TootsieFootsie]

Greg Lynn launches appeal over conviction for murdering camper Carol Clay in Victoria’s high country

Former Jetstar pilot seeks to overturn conviction and sentence over killing of 73-year-old in the Wonnangatta Valley

www.theguardian.com

A spokesperson for the supreme court confirmed to Guardian Australia that Lynn filed an appeal against his conviction and sentence late on Monday.

The spokesperson said Lynn had also applied for an extension of time application.

Could his extension of time application be denied ?

 

[Trooper]

Greg Lynn launches appeal over conviction for murdering camper Carol Clay in Victoria’s high country

Former Jetstar pilot seeks to overturn conviction and sentence over killing of 73-year-old in the Wonnangatta Valley

www.theguardian.com

A spokesperson for the supreme court confirmed to Guardian Australia that Lynn filed an appeal against his conviction and sentence late on Monday.

The spokesperson said Lynn had also applied for an extension of time application.

Could his extension of time application be denied ?

Yes... lots of appeals are denied. I cannot find what grounds he is basing his appeal on. .

Mistakes by the judge?

Mistakes by his defence?

Malpractice by the police?

Mistake by the jury ? ( this never succeeds) .