| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2022 0202 |
| ROBYN LINDHOLM | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST, KYROU and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 26 May 2022 |
| DATE OF JUDGMENT: | 20 July 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 141 |
| JUDGMENT APPEALED FROM: | [2019] VSC 720 (Beale J) |
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CRIMINAL LAW – Appeal – Conviction – Murder – Joint criminal enterprise – Murder of de facto husband – Whether inadmissible evidence led in trial amounted to substantial miscarriage of justice – Unedited telephone intercept inadvertently played to jury – Found that irregularity did not affect outcome of trial – Whether verdict unreasonable or cannot be supported having regard to evidence – Certain witnesses alleged to be unreliable – Found that jury appropriately directed on credibility and reliability – Substantial body of evidence from non-impugned witnesses and forensics pointing to applicant’s guilt – Extension of time granted – Leave to appeal refused.
Criminal Procedure Act 2009, s 276(1).
M v The Queen (1994) 181 CLR 487, Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12, Baini v The Queen (2012) 246 CLR 469; [2012] HCA 59, Libke v The Queen (2011) 230 CLR 559; [2007] HCA 30, Smith (a pseudonym) v The Queen [2022] VSCA 129 applied.
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| Counsel | |||
| Applicant: | Mr J Kelly SC with Ms K Mildenhall | ||
| Respondent: | Ms E Ruddle QC with Ms J Warren | ||
Solicitors | |||
| Applicant: | Leanne Warren & Associates | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA
KYROU JA
T FORREST JA:
Introduction
In 2005 the applicant, Robyn Lindholm, and George Templeton were cohabiting. They had been partners for about seven years. Templeton planned to celebrate the anniversary of his father’s death on the evening of 2 May 2005. He proposed to do so by consuming ‘a big chunk’ of a bottle of Metaxa spirits. At the time, the couple were living at 13 Tambo Avenue, Reservoir.
The applicant and a friend, Matilda Burke,[1] prepared dinner for the applicant. Also present for the dinner were Ross (Templeton’s teenage son) and Nathan Morris (an apprentice in a carpet business Templeton conducted with his brother, Nick Teazis). These latter two consumed their meal in Ross’ bungalow at the back of the Tambo Avenue house.
[1]Pursuant to the proceeding suppression order made by Jane Dixon J on 15 May 2018 under s 17 of the Open Courts Act 2013, the identity of this witness has been anonymised in these reasons to protect the safety of the witness.
Templeton became inebriated as the evening developed. He relaxed on a three-seater couch in the lounge room.
The applicant at this time was conducting a secret relationship with one Wayne Amey. Late in the evening, Templeton was drunk and possibly affected by marijuana. The applicant and Burke left the Tambo Avenue house under a pretext that Burke had to return to her house to provide lunch money to her teenage son for his next school…
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- AGLC
- Robyn Lindholm v The Queen [2022] VSCA 141
- Case
- [2022] VSCA 141
- Decision Date
CaseChat Overview and Summary
The court examined whether the inadvertent presentation of the unedited telephone intercept constituted a substantial miscarriage of justice. It considered the potential impact of the error on the jury's decision-making process. The court also assessed the reliability of the witnesses and whether the jury was appropriately directed on the credibility and reliability of the evidence presented. The court noted the substantial body of evidence from non-impugned witnesses and forensic evidence pointing to the applicant's guilt. The court concluded that the irregularity did not affect the outcome of the trial and that the jury was properly directed on the issues of credibility and reliability.
The court found that the verdict was reasonable and could be supported by the evidence. It rejected the contention that the evidence from certain witnesses was unreliable to the extent that it undermined the verdict. The court also noted that the jury was correctly guided on the assessment of witness credibility and reliability. Consequently, the court denied leave to appeal and dismissed the application for an extension of time for the appeal. The applicant was not granted leave to appeal, and the conviction for murder was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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