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Appeal Judges Press Prosecutors on Manslaughter Options in Greg Lynn Case

The court asked the Crown to obtain DPP instructions on possible charges if a retrial is ordered.

Overview

  • Lynn is appealing his conviction and 32-year sentence for murdering Carol Clay after a jury acquitted him of Russell Hill’s murder in 2024.
  • Justices Phillip Priest and Peter Kidd asked prosecutor Kathryn Hamill to advise whether manslaughter could be pursued for Hill or run as an alternative for Clay at any retrial, with a written response due by day’s end.
  • Hamill said the murder acquittal for Hill could not be revisited and noted she had not previously considered a manslaughter count, indicating she needed instructions from Director of Public Prosecutions Brendan Kissane KC.
  • The defence argues the sentence is manifestly excessive and says 17 prosecutorial breaches rendered the trial unfair, claims the Crown rejects.
  • The bench reserved its decision, and Justice Priest noted Lynn’s treatment of the bodies was “absolutely despicable” while stressing the need for an objective approach to that factor.