| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2023 0017
| Between: | |
| THE KING | |
| -and- | |
| GREGORY STUART LYNN | Accused |
---
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 |
---
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.
---
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…
Continue reading R v Lynn
Sign in free to access the full text
- AGLC
- R v Lynn [2024] VSC 635
- Case
- [2024] VSC 635
- Decision Date
CaseChat Overview and Summary
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
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.