Legal Studies

Provide a short description of the facts of the case.

On the 18th of July, 2009, at 10am, the bodies of 4 people - two women, Lily Lin and
her sister Irene, and two children, Henry and Terry - were located in three of the four
bedrooms of the upper storey of their home. A fifth body - Min Lin, Lily’s husband - was
located later in the day, beside his wife.

Kian Bin Xie, the brother-in-law of one of the victims who went by the English name
Robert, was arrested on 1 to 5 counts of murder. He was found guilty, and sentenced
to life imprisonment commencing on May 25th, 2012.

Clearly identify what the legal questions or issues in the case are (What key
questions or issues did the court have to resolve). (100 words)

In examining the details of the trial, there are a number of potential ethical
considerations that arise, many of which are accounted for within the details of the
trial. Primarily, the nature of Xie’s motivation to commit the crime are framed in an
interesting manner, namely that they were largely neglected in the wake of the severity
and gravity of his purported offence. This also does nothing to rectify accusations of
his previous alleged crimes, which included sexual assault of another extended family
member. Moreover, the DNA evidence presented as conclusive proof of Xie’s guilt was
called into question by his representation, and the lack of a murder weapon potentially
delegitimises the role of forensic evidence in the outcome of the case further.

Clearly Identify the relevant legislation that was used in the case. Where there
are several pieces of legislation, focus on the relevant examples. (100 words)

The legislation in the case was detrimental to the found guilt and conviction of Xie.
Section 61(1) legislation imposed the justification for the life sentence of an individual,
if the extremity of the act committed harmed societies safety.Operations of 21(1)
dictate lesser sentences to the convicted, unless meeting section 61(1)’s criteria. Case
R v Dean [2013] sanctioned the imposition of multiple accounts if the offender falls
under the sentencing act. The Crowns sanctioned evidence; proved the legitimacy and
Xie’s culpability of the crimes to succeed the sanction legislation to convict him of the 5
counts.

Discuss the legal processes involved in the case. For example, what court did
the case begin in? Were there any appeals? Where did the case end up? (200
words)
The Xie v The Queen appeal trial commenced on June 22, 2020, and concluded on
July 1, 2020. The appeal trial followed four previous trials, two of which were aborted,
and one of which ended in a hung jury. The fourth trial, which took place in 2017,
handed Xie his sentence of five years with no chance at parole. The trial in question
was an appeal trial in which Xie attempted to exonerate himself, maintaining his
innocence throughout the appeal and previous trials. The details of the appeal trial
centred largely around the presentation and potential mishandling of the DNA
evidence, which had previously been central to Xie’s conviction. Xie’s barrister drew
focus to the fact that the existence of DNA evidence from five family members could
not conclusively be linked to the five victims, and could have instead come from other
living blood relatives. Moreover, Xie’s defence took issue with the nature of how the
evidence was presented, suggesting that the DNA expert witness had, “strayed into
the jury’s role in determining the importance of evidence.” The assumption being
drawn here is that the jury was positioned to view the DNA evidence as more
significant than was appropriate, deeming it unfairly prejudicial and misleading.

Clearly identify the final decision of the court in relation to the legal issues. (100
words)

In light of the severity of the crime, as well as a multitude of incriminating

circumstances, including conversations with a “Witness A” while incarcerated; the
existence of several potential motives; access to the inner family circle as well as the
family home; medical experience providing knowledge of incapacitation and
asphyxiation techniques; and having the appropriate pretext to dispose of the murder
weapon, leaving his distraught wife to pick up the family grandparents, the appeal was
ultimately dismissed on July 1, 2020.

Include an evaluation of whether the legal system was effective in addressing or

solving the issues in this case. You should support your points of evaluation
with specific legal evidence such as media articles, legislation or case law. (400
words)
The legal system was significantly effective in the just conviction of Xie, thus proving
beyond reasonable doubt of his guilt. Evidently under legislative act section 61(1)
justifies the court's imposition of the life sentence to an offender convicted of murder.
This act however shall only be imposed if the offender's culpability of the murder and
extremity of the case endangers society. As a result this is effective in the guarantee of
society's protection, therefore preventing the potential danger the offender may inflict.
Stephanie Gardnier’s article ‘The evidence which the crown said pointed to Robert
Xie’s guilt’ highlights the argument emphasised by the crown stating the clear motive,
and execution of the crimes. The Crown relied on the evidence against Xie and the
clear access to the layout and key to the Lin home. In addition the disapproved alibi
due to him sedating his wife proved by a witness testimony.
Furthermore, examination through R v Dean [2013] sentencing highlights the previous
conviction of an offender on multiple counts of murder for the culpability of their crimes
and the impact it may inflict on society. In spite of the emanate importance of societal
wellbeing in relation to the legal system, it is further required to uphold the reforming of
the rights of the offender despite not committing another offence. Legislative act 21(1)
accounts for a lesser sentence to be granted to the convicted, unless meeting the
section 61(1) criteria. This ramifies the confrontation between the issues in the
questionability to the offenders rights, proving the effectiveness of the legal system
within this case. Furthermore the extent that diminished the effectiveness within the
case is the enactment of the trials that allowed it to exceed beyond one appeal.
Namely disgrading the justice deserved for relatives of the Lin family.

Consequently, the outlying issues in the case aligned themselves with clear legislative
acts which value the efficiency of the case's relationship within the legal system. The
crown's justification of the inceptual motive and evidence of the case proves the extent
of the offender's crime negatively impacted society. Therefore the discourse of law in
our society must be upheld to exempt wrongdoing and balance the ongoing idea of the
link between societies and the individual's relationship within the legal system.
Moreover the evidence upheld in the approval of the legislation directs the legal
systems and its concern for society and the individual.

Bibliography
Lin Family Murder Case: How It's Unfolded. 2021. The Canberra Times.
https://www.canberratimes.com.au/story/7126667/lin-family-murder-case-how-its-unfolded/.

A Motive In Lin Murders Revealed: Robert Xie's Niece Brenda Lin Breaks Her Silence. 2017.
Smh.Com.Au.
https://www.smh.com.au/national/nsw/motive-in-lin-murders-revealed-robert-xies-niece-brend
a-lin-breaks-her-silence-20170216-gue88t.html.

R V Xie [2017] NSWSC 63 - Barnet Jade. 2023. Jade.Io. https://jade.io/article/520805.

R V Dean [2013] NSWSC 1027 - Barnet Jade. 2023. Jade.Io. https://jade.io/article/299273.

The Evidence Which The Crown Said Pointed To Robert Xie's Guilt. 2017. Smh.Com.Au.
https://www.smh.com.au/national/nsw/the-evidence-which-the-crown-said-pointed-to-robert-xi
es-guilt-20161226-gthyym.html.

DNA At Centre Of Killer's Appeal For Bludgeoning To Death Five Members Of His Family.
2020. Abc.Net.Au.
https://www.abc.net.au/news/2020-06-22/robert-xie-appeal-over-lin-family-murders-begins-in-
sydney/12380078.