Part A Criminal Case - Alex Rusu

28/05/2023

Q1. State the parties involved in this case

The parties involved in this case were Rex (Crown) and Christopher Michael
Dawson (Offender)

Q2. State the court in which the case was heard

This case was heard at the NSW Supreme Court.

Q3. In your own words, outline the background of the case including the
charges/claims
Following a trial, Christopher Michael Dawson was found guilty on August 3,
2022, for killing his wife Lynette Dawson on about January 8, 1982, and was
scheduled to receive a sentence. In one of Australia's longest running cases, he
was accused of killing his wife and received 24 years in prison. Before, Mr Dawson
taught classes at Cromer High School. He and Lynette had hired JC, who was a
student of Mr Dawson at Cromer High School, to watch their kids. Mr Dawson and
JC had started having intimate relations at some point during the period she was
hired. After hearing from several teens who had recently shown concern about
Mr Dawson, JC notified them of her wish to stop their relationship. His desire to
personally be with JC had therefore evolved into his motivation for killing his wife.
Mr Dawson eventually became so distraught and angered at the thought of
losing his wife that he committed her murder. No evidence demonstrates how he
killed Lynette Dawson, and it is also unclear if he did it alone or with help from
others. Lynette Dawson's body has never been located.

Q4. State the case for the prosecution and defense

Prosecution
The prosecution's job in the current case is to represent the state. CM Everson
SC represented the prosecution. Therefore, in this case, the prosecution's
argument was to persuade the judge and jury that Mr Dawson was indeed guilty
as stated by the state and citizens. They had prosecuted Mr Dawson using the
evidence the attorneys acquired and talked for a grueling five hours to the jury
and the court, using all the evidence found.

Defence
The defense's job is to defend and stand up for the defendant's rights, sometimes
known as the suspected or accused. Until proven guilty beyond a reasonable
doubt or with sufficient evidence presented to the court, all defendants are
deemed innocent. Pauline David, who represented the defense, maintained that
there was neither a weapon nor any other scientific proof of a murder. Lynette
Dawson's body has never been found or located, nevertheless, and this fact made
the crime of murder more serious.
Q5.
a)
A precedent is a rule that states that once a higher court has established
a legal concept, it should be followed by that court and other courts in
similar situations. It was created to make sure judges made decisions
consistently. Judges ensure that identical cases are handled similarly
regardless of who is involved or which court is hearing the case by
adhering to previously set precedents. It promotes regularity and a sense
of justice and equality within the judicial system.

b) "A just and appropriate sentence must accord due recognition to the
human dignity of the domestic violence victim and the legitimate interest
of the general community in the denunciation and punishment of someone
who kills his spouse: Quinn v. R [2018] NSWCCA 297 at [243]." By applying the
history of prior instances that resulted in the same verdict and sentencing
the subject in question accordingly, the precedent is followed.

Q6. Explain the verdict in the case and the sentence that was applied. Include
any special considerations that may have been considered in sentencing.

After being found guilty of killing his wife, Mr Dawson received a 24-year prison
term. "The circumstantial evidence in this case, considered as a whole, is
persuasive and compelling," Harrison J. said in the verdict. None of the
circumstances by themselves are sufficient to prove Mr Dawson's guilt, but when I
take into account their combined weight, I have no remaining doubts. I'm
confident beyond a shadow of a doubt that Dawson's murder of Lynette is the
only logical conclusion.
Before Mr Dawson was found guilty of his crime, he did receive certain
exceptional concessions. He had several head injuries during this time, including
loss of consciousness, as he had played rugby at a high level. Mr Dawson had
recently suffered from injuries from falls related to awareness. In April 2021, a
brain MRI showed what seemed to be microangiopathic vasculitis. Mr Dawson
was identified by Dr Nielssen as having a depressive disorder and a slight
cognitive impairment. Additionally, Mr Dawson was of good reputation, had no
prior convictions, and was unlikely to commit another crime in the future.