The 4 the reason why jailed pilot Greg Lynn is hoping to overturn his conviction and sentence have been revealed.
Lynn, 58, was jailed final month for a most of 32 years after a jury discovered he murdered Carl Clay, 73, greater than 4 years in the past.
Ms Clay vanished whereas on a tenting journey together with her accomplice Russell Hill, 74, within the Wonnangatta Valley, with their incinerated stays discovered 20 months later after Lynn’s arrest.
Handing down the previous Jetstar coaching pilot’s sentence on October 18, Supreme Court docket Justice Michael Croucher mentioned whereas he couldn’t decide a motive for the homicide, it was nonetheless “violent, brutal, horrific”.
Justice Croucher mentioned he was glad there was a “brusque interplay” between Lynn and Mr Hill, earlier than Ms Clay was shot within the head.
Lynn was acquitted of murdering Mr Hill and maintains their deaths had been unintended.
His enchantment towards each sentence and conviction might be primarily based on 4 grounds, in keeping with courtroom paperwork launched by the Court docket of Enchantment this week.
Within the doc’s Lynn states he needs to be personally current on the listening to of the enchantment.
Filed by his solicitors Chris McLennan & Co, Lynn will argue there was a considerable miscarriage of justice and that the responsible verdict of the jury is unsafe an unsatisfactory.
He may also argue his sentence — which was seven years above the usual sentence of 25 years — is “manifestly extreme in all of the circumstances”.
Lynns defence will argue Crown Prosecutor Daniel Porceddu launched a “sustained assault” on the credibility of the accused man’s account with out placing their claims to Lynn when he was on the stand.
Mr Porceddu’s closing deal with was criticised for this by each defence barrister Dermot Dann KC and Justice Croucher — who included a jury course in his ultimate deal with.
“Due to this breach of the essential guidelines of equity, you could extra readily reject the prosecution’s arguments and the inferences the prosecution needs you to attract,” the choose mentioned.
The second floor Lynn will enchantment on was the prosecution strategy to the proof of ballistics skilled Senior Constable Paul Griffiths, which he’ll argue was a “critical departure” from the foundations that govern truthful trials.
In his closing deal with, Mr Dann criticised prosecutors for failing to ask a single query of Constable Griffiths about trajectory and deflection checks he’d carried out.
Mr Dann mentioned this then fell to the defence to adduce and argued it was ignored as a result of it supported Lynn’s account.
Based on the paperwork, Lynn’s third and fourth grounds of enchantment relate to how the jury reached their verdict.
“A considerable miscarriage of justice has occured in circumstances the place there’s an unacceptable threat that the jury travelled down an impermissible pathway in arriving at their responsible verdict,” his legal professionals wrote.
“The responsible verdict of the jury is unsafe and unsatisfactory.”
The Court docket of Enchantment now has full discretion to determine if and when they’ll hear Lynn’s enchantment.
