DPP v Lynn

[2024] VSCA 62

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Post-offence conduct
4. › Incriminating conduct
5. › Whether post-offence conduct reasonably capable of being viewed as evidence of murderous intent as well as unlawful killing
6. › Gatekeeping role of trial judge under s 20(1)(b)
7. › Relationship between judicial determination and jury direction under s 21(1)(a)
8. › Jury Directions Act 2015 (Vic), ss 18, 19, 20, 21, 22
1. Criminal Law
2. › Interlocutory appeal
3. › Certification by trial judge
4. › Whether interlocutory decision of sufficient importance to trial to justify determination on appeal
5. › Criminal Procedure Act 2009 (Vic), s 295(3)(b)
1. Criminal Law
2. › Murder
3. › Circumstantial case
4. › Post-offence conduct as evidence of consciousness of guilt
5. › Concealment and destruction of bodies
6. › Whether extreme post-offence conduct capable of distinguishing between belief in murder and belief in manslaughter

Quick Take

Trial judges applying s 20(1)(b) of the JDA must apply a broad filter and should not determine that a jury could not rationally reject a lesser explanation for post-offence conduct; where conduct is capable of reasonable explanation as either murder or manslaughter, the question must generally be left to the jury.