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Lindholm, Robyn v The Queen [2022] VSCA 141

Victorian Court of Appeal
Priest, Kyrou and T Forrest JJA

Lindholm, Robyn v The Queen

Judgment Date: 
20 July 2022

CRIMINAL LAW - Appeal - Conviction - Murder - Joint criminal enterprise - Murder of de facto husband - Whether inadmissible evidence led in trial amounted to substantial miscarriage of justice - Unedited telephone intercept inadvertently played to jury - Found that irregularity did not affect outcome of trial - Whether verdict unreasonable or cannot be supported having regard to evidence - Certain witnesses alleged to be unreliable - Found that jury appropriately directed on credibility and reliability - Substantial body of evidence from non-impugned witnesses and forensics pointing to applicant's guilt - Extension of time granted - Leave to appeal refused.

Criminal Procedure Act 2009, s 276(1).

M v The Queen (1994) 181 CLR 487, Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12, Baini v The Queen (2012) 246 CLR 469; [2012] HCA 59, Libke v The Queen (2011) 230 CLR 559; [2007] HCA 30, Smith (a pseudonym) v The Queen [2022] VSCA 129 applied.