R v Lynn

Case [2024] VSC 635 18 October 2024

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IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2023 0017

Between:
THE KING
-and-
GREGORY STUART LYNN	Accused

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JUDGE:	Croucher J
WHERE HELD:	Melbourne
DATE OF HEARING:	12 September 2024
DATE OF SENTENCE:	18 October 2024
CASE MAY BE CITED AS:	R v Lynn
MEDIUM NEUTRAL CITATION:	[2024] VSC 635

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CRIMINAL LAW — Sentence — Murder — Sentencing facts after jury verdicts — Accused acquitted of murder of Mr Hill, but found guilty of murder of Mrs Clay — Whether acquittal and directions to jury on motive preclude finding accused murdered Mrs Clay to eliminate her as witness to death of Mr Hill — Whether finding of motive implied in guilty verdict — Whether Court satisfied of motive — Whether accused intended to kill Mrs Clay — Whether murder committed spontaneously — Whether murder aggravated by accused’s attempts to conceal offence, including by burning bodies and failing to disclose whereabouts of remains for 20 months — Whether, despite acquittal, permissible to regard accused’s treatment of Mr Hill’s body as part of concealment of Mrs Clay’s murder — Profound victim impact — Absent accused’s admissions and assistance to police, extremely unlikely remains would be discovered — No remorse for murder, as accused maintains innocence — Whether, nonetheless, accused’s admissions, assistance, and apology to deceased’s families for “despicable” treatment of bodies and delay in disclosing location of remains, temper that aggravating conduct — No relevant criminal history — Strong history of responsible employment and community contributions — Reasonable prospects of rehabilitation — Weight to be given to sentencing purposes — Parsimony — Whether case calling for life sentence — Sentence of 32 years’ imprisonment with non‑parole period of 24 years — Sentencing Act 1991 (Vic), ss 5, 5A, 5B, 6, 11, 11A & 18.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D Porceddu with Ms K Hamill	Abbey Hogan, Solicitor for Public Prosecutions
For the Accused	Mr D Dann KC with Mr M McGrath	Chris McLennan & Co

HIS HONOUR:

Overview

On 19 March 2020, Russell Hill, aged 74, and Carol Clay, aged 73, set off together from Pakenham on a camping trip to the Wonnangatta Valley in the alpine region of Victoria. Two days later, another camper found Mr Hill’s Toyota Landcruiser parked beside a burnt‑out campsite at Bucks Camp in the Wonnangatta Valley. There was, however, no sign of Mr Hill or Mrs Clay. Proof‑of‑life checks over the ensuing months all came up negative. The two campers were missing, presumed dead.

After a 20‑month investigation, on 22 November 2021, police arrested Gregory Stuart Lynn, a 55‑year‑old airline captain. When interviewed, Mr Lynn ultimately told police that, on the evening of 20 March 2020, when he too was camping at Bucks Camp, Mrs Clay was killed instantly by a shot to the head when his shotgun accidentally discharged as he and Mr Hill struggled over the gun. Shortly afterwards, Mr Hill, in anger, came at Mr Lynn with a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lynn

Details

AGLC: R v Lynn [2024] VSC 635
Case: [2024] VSC 635
Decision Date: 18 October 2024

CaseChat Overview and Summary

The case of R v Lynn was heard by the Supreme Court of Victoria, where the defendant, Lynn, was acquitted of the murder of Mr Hill but found guilty of the murder of Mrs Clay. The case centred on whether the acquittal on one charge and the jury's consideration of motive precluded a finding that the accused murdered Mrs Clay to eliminate her as a witness to Mr Hill's death. The court also needed to determine whether the motive was implied in the guilty verdict, whether the court was satisfied of the motive, and whether the accused intended to kill Mrs Clay.

The court found that the jury's consideration of motive and the acquittal on the charge of Mr Hill's murder did not preclude a finding that the accused murdered Mrs Clay to prevent her from being a witness. The court concluded that the motive was implied in the guilty verdict and was satisfied with the motive, as the accused intended to kill Mrs Clay. The murder was not spontaneous, and the accused's actions, including burning the bodies and failing to disclose the location of the remains for 20 months, aggravated the offence. Despite the acquittal, the court regarded the accused's treatment of Mr Hill's body as part of the concealment of Mrs Clay's murder. The profound impact on the victims, the absence of remorse, and the accused's admissions and assistance to police were also considered.

The court found that Lynn's admissions, assistance, and apology to the deceased's families for the "despicable" treatment of the bodies and the delay in disclosing the location of the remains tempered the aggravating conduct. Although Lynn had no relevant criminal history, the court considered her strong history of responsible employment and community contributions, as well as the reasonable prospects of rehabilitation. After weighing the purposes of sentencing, including parsimony, the court determined that a life sentence was not necessary. The court sentenced Lynn to 32 years' imprisonment with a non-parole period of 24 years under the Sentencing Act 1991 (Vic), sections 5, 5A, 5B, 6, 11, 11A, and 18.

Orders