The Victorian Court of Appeal has asked the Office of Public Prosecutions to “change its hand” – including whether to charge a man set up to kill an elderly camper.
Lynn, 59, was found guilty in June last year of murdering grandmother Carol Pot, but was acquitted by her fellow camper and lover, Russell Hill.
The former Jetstar pilot was sentenced to a minimum of 24 years in prison for the 73-year-old’s murder. He seeks to overturn his conviction and sentence.
Lynn’s case returned to the appeals court on Thursday, in a short hearing largely devoted to submissions about his greater talk of a lesser sentence, should his appeal fail.
But the Court also told Op Op to explain if Lynn is charged with murder, instead of being killed, should his appeal be successful and his appeal be successful.
They are also looking for an explanation if the Lord intends to use Lynn’s motive to kill even a clay or hill to kill the other, who witnessed the death.
Justices Karin Emerton, Phillip Priest and Peter Kidd heard the appeal, and requested the opposition of Opject before the end of Thursday about its intentions should order a retrial. Dermot Dann KC, for Lynn, was given until the end of Friday to respond.
Their judgment is reserved.
Sign up: AU Breaking News Email
The Priest asked if he would like to comment on the advice sought from the OPTIONS if it is “Sure said:” Sure wait to hear what the director has to say. “
But he agreed that it was the right course of action, given that if a retrial was ordered it would be “in the circumstances where it … is the conduct of the prosecution that is motivated by the prosecution that is motivated”.
The justices agreed that if one or more of the first two grounds, and perhaps a third ground, of Lynn’s appeal were marked then a retrial could be ordered.
Lynn argued that a massive miscarriage of justice occurred on several fronts, including a “prosecutor launched a sustained attack on the credibility of the credibility of [Lynn’s] account, without putting many things that go to attack the [Lynn] when he testified in the trial “. His lawyers also argued that” the prosecution’s evidence of [firearms expert] Mr. Paul Griffiths involved a very serious departure from the rules governing the fair conduct of criminal trials”.
It was also regretted that “there was an unacceptable risk that the jury traveled the wrong way in reaching their guilty verdict on the charge of murder involving MRS CLAY”. This ground rests on the fact that the prosecution’s case is that Lynn killed the two campers.
Lynn’s account is that he was fighting on the hill for control of a shotgun when it was fired, shooting the clay. He said Haring died after a subsequent struggle resulted in a knife going through his torso.
After the newsletter promotion
During Thursday’s hearing, the priest said while he did not dispute that the sentencing judge erred in considering how Lynn treated the bodies after the hill and clay, it is important to consider.
Lynn’s bodies were moved several times both times, and they were lifted up, to cover up his offending, the court heard.
“It’s hard not to have a strong relayal visceral reaction to what Mr. Lynn did with the bodies,” the priest said.
“I consider what he does to bodies absolutely despicable.
“One should try to approach that serious aggravating factor, and not be motivated by a causal reaction to it.”
Kathryn Hamill, for the DPP, said most of Lynn’s submissions about her sentence were based on her age, and there was no indication that this was not taken into account when she was sentenced.
He said the sentence fell within the normal range for murder.