| 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: | 15, 16 & 22 February 2024 |
DATES OF RULINGS & REASONS: | 19, 22 & 28 February 2024 |
CASE MAY BE CITED AS: | R v Lynn (Rulings 5 & 6) |
MEDIUM NEUTRAL CITATION: | [2024] VSC 375 |
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RULING 5 — Criminal trial — Murder — Incriminating conduct — Accused charged with murders of two campers at Bucks Camp, Wonnangatta Valley, in March 2020 — In police interview in November 2021, accused gives account of accidental deaths — Notwithstanding rulings excluding police interview and evidence of discovery of remains of deceased because of oppressive conduct by police, accused now seeks advisory ruling on metes and bounds of use of post‑incident conduct as incriminating conduct if relevant part of police interview, plus discovery of remains of deceased and other evidence, would be admitted by agreement at trial — Evidence of incriminating conduct on which prosecution would rely includes accused’s admissions and other evidence that: he cleaned and burned campsite at which deaths occurred; removed and later disposed of items belong to deceased; put bodies in his trailer and moved them to a different spot in alpine region; thereafter painted his trailer different colour, and sold it; later, returned to bodies to check on them; later still, painted his vehicle different colour; later still, returned to bodies, burnt them and scattered remains; and later still, removed distinctive side‑mounted awning on his vehicle — Whether evidence of alleged incriminating conduct capable of use by jury as evidencing (1) belief by accused that he murdered deceased, (2) at most, belief that he unlawfully killed deceased or (3) neither — Evidence of post‑incident conduct confined to potential use as belief by accused he unlawfully killed deceased.
Jury Directions Act 2015 (Vic), ss 18–22.
Weissensteiner v The Queen (1993) 178 CLR 217; R v Rice [1996] 2 VR 406; R v White [1998] 2 SCR 72; R v Cengiz [1998] 3 VR 720; R v Ciantar (2006) 16 VR 26; Butler v The Queen (2011) 34 VR 165; Mocenigo v The Queen [2013] VSCA 231; R v Butler (Rulings 1‑10) [2013] VSC 688; Lane v The Queen (2013) 241 A Crim R 321; DPP v Zhuang [2014] VSC 276; The Queen v Baden‑Clay (2016) 258 CLR 308; DPP v Wan (Ruling No 1) [2018] VSC 19; DPP v Lyons [2018] VSC 297; R v Novakovic & Ors (Ruling 1) [2019] VSC 338; DPP v Ristevski [2019] VSC 165; Doherty v The Queen [2019] VSCA 70; R v Tan (Ruling No 2) [2023] VSC 297.
RULING 6 — Application by prosecution for certification for interlocutory appeal to Court of Appeal against Ruling 5 concerning incriminating conduct — Application granted.
Criminal Procedure Act 2009 (Vic), s 295.
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| APPEARANCES: |
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- Case
- [2024] VSC 375
- Decision Date
CaseChat Overview and Summary
The court considered the legal precedents that outlined the principles for using post-incident conduct as incriminating evidence. The key issue was whether such evidence could support a belief by the accused that he murdered the deceased, that he believed he unlawfully killed them, or neither. The court concluded that the evidence of post-incident conduct could only be used to suggest that the accused believed he unlawfully killed the deceased. The court referenced several cases that established the limitations on using post-incident conduct as incriminating evidence, ensuring that it did not improperly influence the jury's assessment of the accused's state of mind at the time of the alleged crime.
Following the advisory ruling, the prosecution applied for certification to appeal the decision concerning the admissibility of incriminating conduct. The court granted the application, allowing the prosecution to appeal the ruling to the Court of Appeal. This decision highlighted the importance of the principles governing the use of post-incident conduct in criminal trials and the need for clarity in how such evidence can be used to inform the jury's understanding of the accused's state of mind.
Orders
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Evidence
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