Lyn Dawson murder ‘not most serious crime’, says Chris’s lawyer

Chris Dawson’s murder of his ­devoted wife and mother of his two young girls, Lyn, is not in the worst category of cases, his lawyer Greg Walsh says.

Greg Simms, the brother of murdered woman Lynette Dawson, leaves the Federal Court in Sydney on Thursday with wife Merilyn and daughter Renee. Picture: NCA NewsWire / Jeremy Piper

Chris Dawson’s murder of his ­devoted wife and mother of his two young girls, Lyn, is not in the worst category of cases, his lawyer Greg Walsh says.

Mr Walsh submitted on Thursday that the case was “slightly above the mid range of objective seriousness”, as he argued extensive publicity and Dawson’s ill health should reduce his sentence.

“He’s going to do it harder. He’s got his security, his notoriety. And, of course, he now has these health difficulties,” Mr Walsh said.

Dawson had been the subject of the “most constant and egregious” media attention in Australian history, the defence lawyer said.

“It has been constant for at least two decades,” he said.

“And in recent times, as we know, it has portrayed this ­offender in the most egregious way, such as being an emotionally and physically violent man, an ­immoral man in respect of his relationship with (former family babysitter) JC, a perverted and greedy individual, and a cold and calculating man who sought to hire a hitman to kill his wife.”

Dawson was facing continuous threats in prison connected to The Australian’s global hit podcast The Teacher’s Pet, Mr Walsh said.

“He’s constantly referred to as ‘The Teacher’s Pet’, ‘we’ll cut your throat The Teacher’s Pet’, ‘we’ll do this, we’ll do that’.

“Day in, day out, minute after minute, hour after hour, he’s ­constantly referred to in this ­particular way.”

Despite the security concerns, Dawson had another person in the cell with him, Mr Walsh said.

He went on: “Your Honour, it’s very important in our criminal justice system – and I say this with the greatest of respect – that this man’s punishment not be approached based upon the tendentious ­approach of the media.”

Quoting from a previous judgment, Mr Walsh said the criminal law was the arm of the law “‘most needful of protection from hysteria or mob influence”.

“It’s the constitutional duty of the judicial arm of government to apply the criminal law with fearless independence and the constant reference to such publicity has endured in the custodial sentencing context,” he said.

Trial judge Ian Harrison SC said he “had a bit to say about extra-curial punishment” in his 2016 sentencing of Harriet Wran, daughter of former NSW premier Neville Wran, for her role in a robbery and murder.

Justice Harrison had said when sentencing Wran that the “humiliating” media coverage was disproportionate to her involvement, and took it into account in his penalty.

Mr Walsh said the former Newtown Jets star rugby league footballer had fallen twice last year, leading to a brain scan.

The results showed classic signs of the degenerative brain disease chronic traumatic encephalitis, or CTE, triggered by repetitive head knocks.

Dawson was losing consciousness in prison, slurring his words, and “can’t remember the name of the jail he’s in at the moment”.

Mr Walsh said the 73-year-old had been criticised for delaying the trial, but it had been his right to apply for a permanent stay and a judge-alone trial.

“It’s important that the public understand that there can be no increase in penalty because this man chose to plead not guilty,” Mr Walsh said. “That was his fundamental right and it does not aggravate the offence.”

Dawson’s murder of his wife Lyn was “precipitous” in nature, Mr Walsh said.

“It was not one that involved a great deal of planning … but one that was driven by his obsession to maintain a relationship (with JC),” Mr Walsh said.

Justice Harrison questioned if Mr Walsh meant that the murder was spontaneous.

Mr Walsh said it involved planning that was not sophisticated.