Robert Xie convictions for Lin family murders upheld by appeal court - Sydney Morning Herald

Robert Xie, who was jailed for life for the brutal murders of five members of his extended family in Sydney’s north-west, has had his convictions upheld by the Court of Criminal Appeal.

Xie, 57, was found guilty in 2017 of murdering his brother-in-law Min “Norman” Lin, 45, Mr Lin’s wife Yun Li “Lily” Lin, 43, her sister Yun Bin “Irene” Lin, 39, and the Lins’ two sons, Henry, 12, and Terry, 9.

Robert Xie pictured in 2016.Credit:Peter Rae

He faced four trials in the NSW Supreme Court before a jury found him guilty by majority verdict.

The trials were told Xie turned off the electricity at the Lin family home in North Epping home during the early hours of July 18, 2009, and used a key to gain entry before attacking the family in their bedrooms with a hammer-like weapon. It was argued that the killer must have been someone who knew the layout of the home well enough to move around in the dark.

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A key piece of evidence in the case was “stain 91”, an apparent blood stain measuring two centimetres by six millimetres that was discovered by police in Xie’s garage. The Crown alleged during the trials that it contained the DNA of both Lin children and two of the adults.

A judge found in 2017 that each of the “brutal” killings was in the worst category of murder and ordered Xie to serve five life sentences without the possibility of parole.

A photo of "stain 91", which was found in Robert Xie's garage.Credit:NSW Supreme Court

Xie maintained his innocence and launched an appeal on eight grounds, including that a judge erred in admitting the evidence of a forensic expert, that inadmissible evidence was placed before the jury, and that a miscarriage of justice was caused by that evidence.

Other grounds of appeal included that Xie’s barrister caused a miscarriage of justice through “a number of acts and omissions”, and that Justice Elizabeth Fullerton misdirected the jury by speaking to them about the “CSI effect”, which is a reminder that real-life evidence is not like the evidence jurors have seen in books and TV shows.

On Monday, the Court of Criminal Appeal upheld Xie’s convictions.

Brenda Lin, who was overseas on a school trip when her family was killed, and Xie’s wife Kathy Lin were in court when the decision was announced. Neither spoke as they left court.

Min "Norman" Lin, 45, (second from left) with his wife Yun Li "Lily" Lin, 43,and their two sons Lins' Henry, 12, and Terry, 9

In a judgment summary, Chief Justice Tom Bathurst – who was joined by Justice Robert Allan Hulme and Justice Robert Beech-Jones – went through each of the eight grounds of appeal.

“The Court did not accept that a miscarriage of justice occurred,” Chief Justice Bathurst said.

He refused leave to appeal on four of the grounds: that expert evidence about stain 91 was erroneously admitted, that a jury direction about consciousness of guilt caused a miscarriage of justice, that there was a miscarriage of justice caused by an alibi direction and that Xie’s barrister was incompetent.

Chief Justice Bathurst dismissed the other four grounds, including the CSI effect, two grounds relating to the expert evidence about stain 91, and the contention that coincidence evidence was wrongly admitted relating to a bloodied cloth found at the murder scene, which was similar to a massage device constructed by Xie.

Xie did not appeal his sentence.

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2021-02-14 23:00:00Z
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