Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat, 4 Feb 2024 *Arrest* #13

[BreakingNews]

<modsnip>

It is for the defence to put up a solid argument ( which in this case would , without doubt, require the body to be presented, at the very least , so the proposal can be verified ) that it was an accident. Him saying it is of no use to him whatsoever, much more is required, because, the police have done much more, (they've had tracers, trackers, horses, forensics, missing-persons squad, they tracked the phone, her phone, and her smart watch, which is how they know what time she was murdered, they have without doubt tracked Stephensons phone for months,) than investigate the scene, look at a tree and some sap, where this idea came from who knows. Whatever they found, they concluded it was murder, and what is more, the defence has had what the prosecution has found for 9 months now., and still the defence has not found a hole big enough to drive a downgrade thru.

The prosecution has all the evidence the defence is going to put forward in their argument for their client, and nothing in that has persuaded the DPP to downgrade the charge .. I am merely pointing this out so that the process can be perhaps better understood..

<modsnip>

I am not speculating on this... I was pointing out the obvious, because there is no downgrade in the offing!!... HIS OWN BARRISTERS are maintaining his innocence, to have it downgraded to manslaughter means he has to admit killing Mrs Murphy and then hiding her body , just sheer bad luck or some other reason, he tripped over her, she threw herself at him, but nothing of the sort has emerged from the defence on that perspective AT ALL.


Hope this helps...

During the trial of Baden Clay, he tried to make an agreement with the DPP to downgrade the charge from murder. The trial was not going his way, so he thought he might plead to a lesser charge to minimise his inevitable jail time. Before that he maintained his innocence. DPP said no. So the trial continued with him maintaining his innocence. All done without the jury present. The murder charge stuck.

 

[Trooper]

During the trial of Baden Clay, he tried to make an agreement with the DPP to downgrade the charge from murder. The trial was not going his way, so he thought he might plead to a lesser charge to minimise his inevitable jail time. Before that he maintained his innocence. DPP said no. So the trial continued with him maintaining his innocence. All done without the jury present. The murder charge stuck.

Poor Gerard... idiotic to the very end. He didn't hide his wife's body very well... but , he was in a hell of a hurry because he had left 3 little girls at home alone , something he got very defensive about at the trial, , as I recall. Murderers are often in a tearing hurry, it comes with the territory, things have to be attended to immediately, and this is where things go haywire, and it's where things went a bit haywire for Stephenson, I am guessing,.. ... significant things get forgotten and trivial details occupy the mind......

 

[Cliff Hardy]

Saw an earlier post - can't find it now - that questioned Stephenson's knowledge of the running trails. I would suggest as he was a footballer and I believe the trails are near his family home, that he would have run them as part of his pre-season training at some time or other.

 

[Scooby-Doo]

Saw an earlier post - can't find it now - that questioned Stephenson's knowledge of the running trails. I would suggest as he was a footballer and I believe the trails are near his family home, that he would have run them as part of his pre-season training at some time or other.

He would be riding his motorbike through there, he would know all the tracks and where they lead out to

 

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[Porky1]

You realise both Samantha and I are women in our 50s? That kind of modern invention is for the next gen, mate. My kids in their 20s and 30s have electronic cards but my husband still tap plastic If Sam's wearing a running belt it could have her hydration in it - it was going to be a warm day. Also if she was intending to head along a trail then I hope she was carrying a snakebite bandage in there. I tend to shove both the bottle and bandage in the opposite leg pocket to my phone (I don't like waist belts) but I do end up looking like I'm carrying the kitchen sink; a belt would be very practical.

Yes, I do. I don’t know anyone in their 50’s who doesn’t use digitalised cards. Covid forced us to digitise licenses/ID, vax details, etc. Sam seemed like a modern woman and it surprised me when her bulging phone case was found. Every aspect was accessible to that creep to rummage through before disposing, yuk!

 

[HoneyBunOne]

Yes, I do. I don’t know anyone in their 50’s who doesn’t use digitalised cards. Covid forced us to digitise licenses/ID, vax details, etc. Sam seemed like a modern woman and it surprised me when her bulging phone case was found. Every aspect was accessible to that creep to rummage through before disposing, yuk!

You now know me Porky! I use a mix of both, but definitely don't leave home without my purse containing a range of physical cards.

 

[Rocket333]

Yes, I do. I don’t know anyone in their 50’s who doesn’t use digitalised cards. Covid forced us to digitise licenses/ID, vax details, etc. Sam seemed like a modern woman and it surprised me when her bulging phone case was found. Every aspect was accessible to that creep to rummage through before disposing, yuk!

That’s actually a really good point Porky. Why would she bother carrying the whole thing on a walk/jog?
It’s not like she’s going out for too long, or going to the shops and wanting her key card or driving a car and needing her licence. Sam also could’ve pulled the phone out of the wallet and just carried it easily enough. It might’ve been just what she did and I guess only her family can answer that one.

Unless there was something of significance to this whole thing in the actual wallet.

Nevertheless Sam had the wallet with her and I’m glad she did, as the bulk of it & contents would’ve helped with finding it and identifying it.

 

[HoneyBunOne]

That’s actually a really good point Porky. Why would she bother carrying the whole thing on a walk/jog?
It’s not like she’s going out for too long, or going to the shops and wanting her key card or driving a car and needing her licence. Sam also could’ve pulled the phone out of the wallet and just carried it easily enough. It might’ve been just what she did and I guess only her family can answer that one.

Unless there was something of significance to this whole thing in the actual wallet.

Nevertheless Sam had the wallet with her and I’m glad she did, as the bulk of it & contents would’ve helped with finding it and identifying it.

As a woman of similar vintage, it's quite common for us to check we have our keys, phone & purse before leaving home. With sensitive eyes, I also include sunglasses in that list, or if I needed reading glasses, it would be those too. A bit like the old school guy version of "spectacles, testicles, wallet & watch".

 

[Trooper]

I think she took the phone case with all the paperwork in it, because of habit, and because she had a deadline, she may have been expecting someone from that Brunch coming up at 11 to ring, maybe someone might need a lift, these things happen, and she grabbed her phone with all the stuff in it, just because....

( I do a lot of stuff just because, I am sorry to admit )

 

[Rocket333]

A bit like the old school guy version of "spectacles, testicles, wallet & watch".

I’m really missing the laughing emoji.

 

[Rocket333]

she grabbed her phone with all the stuff in it, just because....

( I do a lot of stuff just because, I am sorry to admit )

We are all creatures of habit.
Even Stephenson.

 

[HoneyBunOne]

Now we have this in play right now. All I can think about is that Samantha may be out there somewhere. Maybe not ALL, I'm obviously worried about locals and their properties.

Incidents and Warnings - VicEmergency

Victoria's combined source of emergency information and warnings, helping the community to prepare for, respond to and recover from emergencies across the state.

emergency.vic.gov.au

 

[drsleuth]

Now we have this in play right now. All I can think about is that Samantha may be out there somewhere. Maybe not ALL, I'm obviously worried about locals and their properties.

Incidents and Warnings - VicEmergency

Victoria's combined source of emergency information and warnings, helping the community to prepare for, respond to and recover from emergencies across the state.

emergency.vic.gov.au

Gee Mother Nature sure hates us sometimes.

Thinking of all our Southeast Qld & Northern NSW members too with the cyclone approaching.

 

[kurtneverdied]

<modsnip>

It is for the defence to put up a solid argument ( which in this case would , without doubt, require the body to be presented, at the very least , so the proposal can be verified ) that it was an accident. Him saying it is of no use to him whatsoever, much more is required, because, the police have done much more, (they've had tracers, trackers, horses, forensics, missing-persons squad, they tracked the phone, her phone, and her smart watch, which is how they know what time she was murdered, they have without doubt tracked Stephensons phone for months,) than investigate the scene, look at a tree and some sap, where this idea came from who knows. Whatever they found, they concluded it was murder, and what is more, the defence has had what the prosecution has found for 9 months now., and still the defence has not found a hole big enough to drive a downgrade thru.

The prosecution has all the evidence the defence is going to put forward in their argument for their client, and nothing in that has persuaded the DPP to downgrade the charge .. I am merely pointing this out so that the process can be perhaps better understood..

<modsnip>

I am not speculating on this... I was pointing out the obvious, because there is no downgrade in the offing!!... HIS OWN BARRISTERS are maintaining his innocence, to have it downgraded to manslaughter means he has to admit killing Mrs Murphy and then hiding her body , just sheer bad luck or some other reason, he tripped over her, she threw herself at him, but nothing of the sort has emerged from the defence on that perspective AT ALL.


Hope this helps...

Disagree with a lot of this. Firstly I said prosecution where I meant to say defence. I posted at 4:30am and was tired.
You are alluding to a lot of this as fact or obvious where you are just speculating.
You are saying they have tracked her smartwatch. Have police verified this to the public? Tracers? Verified?
You say they have concluded it is murder from "whatever they have found". Well that's exactly what I'm specifically speculating on. What evidence they have that proves the charge murder.
<Modsnip>
Now you're saying his own barristers are maintaining his innocence so you from clear cut murder to emphasise his own barristers think he is innocent.
Greg Lynn got charged with manslaughter for Ms Clay when the jury were told they couldn't, it had to be murder until the judge changed that right at the end. So I hardly doubt it is set in stone that the charges will be murder or nothing.
He doesn't have to say he accidentally hit her then hid her body. There are countless scenarios that could of happened and the public don't have anything that is conclusive on anything that happened. It is all speculation and just about all your post is speculative not factual.
<modsnip>

 

[SouthAussie]

Greg Lynn got charged with manslaughter for Ms Clay when the jury were told they couldn't, it had to be murder until the judge changed that right at the end.

Greg Lynn was charged and convicted for the murder of Carol Clay.

The judge removed the manslaughter option, it had to be murder or acquittal. I'm not sure who even put the manslaughter option on the table to begin with. Was it the judge?


(Justice) Croucher said Clay’s death was a “very grave example of murder”.

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

The judge's decision to remove the option for a jury to convict him of manslaughter ....

Here's what will happen if Greg Lynn appeals his conviction over the murder of camper Carol Clay

Even for legal minds, Greg Lynn's murder trial over the deaths of two Victorian campers was filled with "unusual" twists and turns. Here's what could come next in the long-running court case.

www.abc.net.au

Prosecutors and defence lawyers agreed that for each charge, it should become a choice between murder and acquittal.

The reason why manslaughter wasn't an option for the Greg Lynn murder trial jury

At the end of a five-week trial, prosecution and defence arguments differed so vastly that the jury were left with just two options: murder or acquittal.

www.abc.net.au

 

[Bats]

Case conference tomorrow.

Daily Hearing List

 

[JLZ]

Greg Lynn was charged and convicted for the murder of Carol Clay.

The judge removed the manslaughter option, it had to be murder or acquittal. I'm not sure who even put the manslaughter option on the table to begin with. Was it the judge?


(Justice) Croucher said Clay’s death was a “very grave example of murder”.

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

The judge's decision to remove the option for a jury to convict him of manslaughter ....

Here's what will happen if Greg Lynn appeals his conviction over the murder of camper Carol Clay

Even for legal minds, Greg Lynn's murder trial over the deaths of two Victorian campers was filled with "unusual" twists and turns. Here's what could come next in the long-running court case.

www.abc.net.au

Prosecutors and defence lawyers agreed that for each charge, it should become a choice between murder and acquittal.

The reason why manslaughter wasn't an option for the Greg Lynn murder trial jury

At the end of a five-week trial, prosecution and defence arguments differed so vastly that the jury were left with just two options: murder or acquittal.

www.abc.net.au

When someone is being tried for murder, manslaughter is an option for the jury unless the judge explicitly takes it away. It's there by default.

 

[SouthAussie]

When someone is being tried for murder, manslaughter is an option for the jury unless the judge explicitly takes it away. It's there by default.

Never mind my first question (now edited), if you saw it.
I think I have found something about Statutory Alternatives. I will look into that further as I don't think I have read about them before.

It seems they are contained in this Criminal Proceedings Manual, for anyone who wants a long read.

Criminal Proceedings Manual - BarNet Jade

resources.judicialcollege.vic.edu.au

 

[Trooper]

A Supreme Court judge has that discretion , to explicitly remove the option, a magistrate does not.. nor a County court judge either, , I think, just the Supreme court judges....

a