Conway v The Queen

In *Conway v The Queen*, the High Court of Australia considered an appeal by the applicant, Conway, against his conviction for murder. The dispute arose from the applicant's assertion that the trial judge had erred in law by failing to direct the jury on the defence of provocation, despite evidence suggesting the applicant had acted under provocation.

The central legal issue before the High Court was whether the evidence presented at trial was sufficient to raise the defence of provocation, thereby necessitating a direction to the jury on that defence. This involved an examination of the threshold for raising such a defence and the nature of the evidence required to meet it.

The High Court, in allowing the appeal, held that the evidence, when viewed in its entirety, was capable of supporting a finding that the applicant had acted under provocation. Their Honours reasoned that the jury should have been given the opportunity to consider this defence. The legal principle applied was that where there is *any* evidence, however weak, that is capable of supporting a defence, the judge is obliged to direct the jury on that defence.

Consequently, the High Court quashed the conviction for murder and ordered a new trial.