| 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 |
DATES OF HEARING: | 19, 23‑27 & 30‑31 October, 1, 8, 17, 20 & 22‑24 November and 13 & 14 December 2023 |
DATE OF RULINGS: | 18 December 2023 |
DATE OF REASONS: | 22 December 2023 |
CASE MAY BE CITED AS: | R v Lynn (Rulings 1‑4) |
MEDIUM NEUTRAL CITATION: | [2024] VSC 373 |
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EVIDENCE — Criminal trial — Murder — Pre‑trial evidentiary rulings — Accused charged with murders of two campers at Bucks Camp, Wonnangatta Valley, in March 2020 — In July 2020, accused made written statement to police, who covertly recorded meeting — DPP alleges accused told lies in statement amounting to incriminating conduct — From December 2020 to May 2021, police covertly recorded accused on listening devices, in which allegedly made references to deceased — Following arrest in November 2021, accused in record of interview (“ROI”) admitted inter alia contact with deceased at Bucks Camp; explained killings there were accidental; and admitted cleaning/burning campsite, disposing of personal items of deceased, and movement of bodies to, and later burning them at, site near Union Spur Track — Acting on accused’s admissions in ROI, police: (i) searched site near Union Spur Track, finding inter alia burnt skeletal remains; (ii) searched Bucks Camp campsite again, finding more forensic evidence; (iii) re‑examined debris/items found at Bucks Camp campsite prior to ROI, disclosing further forensic evidence; and (iv) obtained evidence of gunshot trajectory testing to assess accused’s account in interview of accidental shooting of female deceased — DPP alleges some of accused’s actions following deaths of deceased amount to incriminating conduct.
RULING 1 — Admissibility of accused’s written statement to police in July 2020, and covert recording of meeting at which statement taken — DPP proposes to lead evidence as proving lies amounting to incriminating conduct — Accused neither cautioned nor advised of right to contact solicitor — Whether police “suspected” accused of unlawfully killing deceased — Whether accused “in custody” of police — Whether accused “under arrest” — Whether evidence “obtained improperly or in contravention of Australian law” — Whether “desirability of admitting the evidence outweighs the undesirability of admitting evidence … obtained in that way” — Accused “in custody”, “under arrest” and “suspected” of homicide — Failure to caution and advise of rights improper and in contravention of Australian law — Desirability of admitting evidence outweighed by undesirability of admitting evidence obtained in these ways — Evidence excluded — Crimes Act 1958 (Vic), ss 459, 464, 464A & 464C; Evidence Act 2008 (Vic), ss 138 & 139.
RULING 2 — Admissibility of ROI conducted in November 2021 — Following arrest, accused largely gave “no comment” answers for two‑and‑a‑half days, then admissions made in afternoon of third day and into fourth day — Whether “admission[s], and the making of [them], were not influenced by … oppressive … conduct [of police] towards” accused…
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- Case
- [2024] VSC 373
- Decision Date
CaseChat Overview and Summary
The court was required to decide several key legal issues, including whether the accused's written statement and covert recordings were admissible given the failure to caution and advise the accused of their rights, and whether the admissions made in the ROI were voluntary and not influenced by oppressive conduct by the police. Additionally, the court had to determine whether certain pieces of evidence obtained or re-examined following the accused's admissions in the ROI were admissible under the law, and whether other miscellaneous items of evidence were relevant and not unfairly prejudicial.
The court found that the accused was "in custody" and "under arrest" at the time the written statement was made, and that the failure to caution and advise him of his rights rendered the evidence obtained in this way inadmissible under the Crimes Act 1958 and the Evidence Act 2008. The court also found that the police engaged in oppressive conduct towards the accused during the ROI, which influenced the making of admissions, rendering those admissions inadmissible. Regarding the evidence obtained or re-examined following the accused's admissions in the ROI, the court found that some items of evidence were inadmissible as they were obtained in consequence of an impropriety, while others were admissible as they might have been obtained in any event. Finally, the court excluded certain miscellaneous items of evidence, such as the accused's possession of various weapons and the listening device recordings, on the basis that their probative value was outweighed by the danger of unfair prejudice.
The court's final orders included the exclusion of the accused's written statement and covert recordings, the ROI, and certain evidence obtained or re-examined following the accused's admissions in the ROI. The court also excluded certain miscellaneous items of evidence, while allowing other evidence to be presented at trial. The remaining admissible evidence will be crucial in determining the outcome of the accused's trial for the murders of the two campers at Bucks Camp.
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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