Even for legal minds, Greg Lynn's high-profile murder trial over the deaths of Victorian campers Carol Clay and Russell Hill was filled with "unusual" twists and turns.
For Lynn, that won't be until after July 19, when his case is next due in court so the sentencing process can begin. If he decides to mount a challenge, the Court of Appeal will look at the verdict and decide if the appeal is allowed. "The second possibility is if there was an error or an irregularity during the trial, which caused a substantial miscarriage of justice.He said those reasons could include the prosecution failing to disclose information to the defence, errors before the trial, or if there were issues like prejudicial publicity.
he counted 20 propositions relayed to jurors that were not put to Lynn during his time on the witness stand"It's just a recipe for injustice, chaos and tyranny." "Known in the rest of Australia as the proviso, that allows the court to say, 'yeah, there was an error in the trial, but we're not going to allow the appeal, because it's not the kind of error that would have made a difference'," Mr Gans said.The Court of Appeal then has two choices — it can order a new trial, or if the court doesn't think there's any purpose in a new trial and it will inevitably fail, it can enter an acquittal.
"Assuming all the same decisions were made in the second trial ... the jury in the second trial is not meant to know any of that stuff. So it's a real complication."
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