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Lyons, Christine Ann v The Queen; Lyons, Ronald v The Queen [2020] VSCA 127

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
McLeish, Emerton and Weinberg JJA
Parties: 

Lyons, Christine Ann v The Queen; Lyons, Ronald v The Queen

Judgment Date: 
20 May 2020
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Murder - Attempted murder - Joint criminal enterprise - Victim mother of four young children - First applicant unable to bear children - Motive to kill victim to enable first applicant to assume care of victim's children - Attempt by first and second applicants to kill victim by drugging with sedatives - Attempt unsuccessful - Victim violently bashed to death by co-offender on instruction by first applicant - Second applicant assisted co-offender to dispose of deceased's body - First applicant convicted of murder and attempted murder - Second applicant acquitted of murder, but convicted of attempted murder and assist offender (murder) - Whether verdicts unsafe or unsatisfactory - Co-offender undertook to give evidence against first and second applicants - Whether co-offender's evidence capable of being accepted - Path to conviction open on totality of evidence - Whether first applicant's conviction inconsistent with second applicant's acquittal on charge of murder - Verdicts not inconsistent - Applications for leave to appeal against conviction refused.

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