(High Court of Australia) An infatuated man had stabbed his former girlfriend’s lover.
Held: The judge had been right to withdraw the issue of provocation from the jury. Jealousy and possessiveness should not found a defence of provocation.
(1990) 171 CLR 312, 273 P 908, [1990] HCA 61, (1990) 97 ALR 1, (1990) 50 A Crim R 186, 65 ALJR 141
Austlii
Australia
Cited by:
Cited – Regina v Smith (Morgan James) HL 27-Jul-2000
The defendant had sought to rely upon the defence of provocation. He had suffered serious clinical depression.
Held: When directing a jury on the law of provocation, it was no longer appropriate to direct the jury to disregard any particular . .
Cited – Weller, Regina v CACD 26-Mar-2003
The defendant appealed against his conviction for murder, saying that provocation should have been found. The issue was whether or not, in the course of his summing-up, the trial judge should have left, and if so whether he had left, to the jury the . .
Cited – Clinton, Regina v CACD 17-Jan-2012
Two defendants appealed from convictions for murder saying that the offences had arisen from a loss of self control in situations where wives partners had committed adultery. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 21 December 2021; Ref: scu.188892