What happens now for Lynn after shock split verdict
What are Greg Lynn’s chances of walking free on appeal? Will he be charged over burning the campers bodies? And how long is he likely to spend in prison? Your questions answered.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
High country killer Greg Lynn has been found guilty of murdering missing camper Carol Clay.
It took seven days for the Supreme Court jury to convict Lynn, 57, of the murder of Mrs Clay, 73, who along with Russell Hill, 74, vanished during a camping trip to the Wonnangatta Valley in March 2020.
The former airline pilot was cleared of murdering Mr Hill.
Lynn is now a convicted killer and faces life behind bars.
But there are further steps in the legal process before the case draws to a close.
So what happens next?
Can Lynn appeal? If so, what happens?
Lynn can appeal the guilty verdict.
He must lodge his appeal within 28 days of his sentence.
If he does, his defence team will submit documents to the Court of Appeal, outlining their case and the grounds they are appealing on.
They must outline a “question of law” which could relate to evidence or a misdirection of the law.
The court will consider the application, before they dismiss or allow it.
If they allow it, an appeal hearing will take place.
An appeal hearing is not a retrial, and three appeal judges will instead consider if the law was correctly applied during the trial.
The court may then decide to:
■ Dismiss the appeal meaning no change to the guilty verdict and the conviction stands
■ Order a retrial
■ Set aside the conviction, meaning Lynn would go free
Can the prosecution appeal the not guilty verdict?
The Office of Public Prosecutions cannot appeal a verdict of not guilty.
They can only appeal a sentence if they consider it inadequate.
How long is he likely to get?
The standard sentence for murder is 25 years, while the maximum is life.
There is no minimum sentence.
Lynn will face a pre-sentence hearing, known as a plea, where the prosecution and defence will make submissions about the punishment he should receive.
The prosecution will likely argue Lynn’s concealment of Mrs Clay’s murder and the burning of her body were aggravating factors.
The judge will also consider Lynn’s character and statements from Mrs Clay’s family and friends outlining the impact of her murder.
Lynn will not be punished for the death of Mr Hill as the jury found he was not guilty of his murder.
The defence will make submissions about mitigating factors.
Justice Michael Croucher will consider sentencing outcomes for similar cases, if there are any.
He must also give consideration to sentencing factors including the nature and gravity of the offence and Lynn’s culpability and degree of responsibility.
Life sentences are reserved for the very worst murders.
According to Victorian Sentencing Advisory Council data, the median sentence for murder in the five years to June 2022 was 23.3 years.
The median non-parole period was 18 years.
If the judge finds Lynn’s offending was worse than the standard, he will impose a longer sentence.
Can he now be charged with burning the bodies?
During the trial, Lynn’s defence barrister Dermot Dann KC said his client had offered to plead guilty to destroying evidence in relation to the burning of Mr Hill’s and Mrs Clay’s bodies.
But Lynn was only charged — and now convicted — with murder.
According to legal sources, it would be highly unusual for the prosecution to file new charges after a trial has taken place.
But the prosecution will likely argue it was as an aggravating factor of the murder at the plea hearing.
What’s the next court hearing and what happens then?
Lynn is due to return to court on July 19 for a mention.
A date for a plea hearing will likely be set, which could take half a day or more.
Justice Croucher will write his sentencing remarks before Lynn is sentenced later this year.
Crime boss Kaz Hamad linked to fire that killed innocent housesitter
Exiled crime kingpin Kazem ‘Kaz’ Hamad has been implicated in the tragic death of Katie Tangey, who died when arsonists linked to the tobacco wars firebombed the wrong house.
Read more
Teen fights for life, man’s hand almost cut off in twin mall attacks
A 17-year-old boy is fighting for life and a 33-year-old man’s hand has almost been cut off in weekend stabbing attacks at shopping centres in Broadmeadows and Altona Meadows.
Read more