Bint v The Queen

The appellant, Bint, was convicted of murder in the Supreme Court of Queensland. He appealed his conviction to the High Court of Australia, arguing that the trial judge had erred in admitting certain evidence and in failing to direct the jury on the issue of provocation. The Crown opposed the appeal.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the appellant's prior violent conduct towards the deceased, and whether the evidence presented at trial was capable of supporting a defence of provocation, thereby necessitating a direction to the jury on that issue.

In their joint judgment, Hayne and Callinan JJ held that the evidence of prior violence was relevant to establishing the appellant's state of mind and intent, and was therefore admissible. Their Honours further found that, while the appellant had raised the issue of provocation, the evidence did not establish that the deceased's conduct constituted a sudden or unexpected provocation sufficient to reduce the charge of murder to manslaughter. The legal principle applied was that a defence of provocation requires evidence of a sudden and temporary loss of self-control, induced by an act or series of acts on the part of the deceased, which rendered the act of killing an impulsive act.

The appeal was dismissed.