McGhee v The Queen
[1995] HCA 69
Citation 1
…26 Holmes v. Director of Public Prosecutions (1946) AC 588 at 601.…
Masciantonio v The Queen
[1995] HCA 67
Citation 2
…Per Brennan, Deane, Dawson and Gaudron JJ. In the observation in Holmes v Director of Public Prosecutions (1946) AC 588 at 597, that the wrongful act or insult must have been capable of provoking an ordinary person not merely to some retaliation but "to the degree and method and continuance of violence which produces the death", the word "contin…
Moffa v The Queen
[1977] HCA 14
Citation 3
…2. I feel bound to agree with my brother Gibbs' conclusion that if nothing more had been established by the applicant by way of provocation than mere words and if those words were not, to use the language of Viscount Simon in Holmes v. Director of Public Prosecutions (1946) AC 588 of a violently pro…
Johnson v The Queen
[1976] HCA 44
Citation 4
…41. It is to my mind, important to stress that operative provocation does no more than reduce the crime of murder to manslaughter. Unless the jury would have been prepared to find murder, no question of what I have called operative provocation arises. In order to find murder, there must be present a…
Da Costa v The Queen
[1968] HCA 51
Citation 5
…12. I have not thought it necessary to say anything about the matter principally argued, namely provocation. The judgment of my brother Owen shows, I think convincingly, that the evidence in this case does not provide any basis for saying that the act by which the deceased was killed was in any rele…
Parker v The Queen
[1964] HCA 30
Citation 6
…45. If the evidence given in a case contains some reasonable evidence of provocation i.e. some evidence fit for the consideration of the jury then the issue of provocation must be left to the jury even though the issue has not been specifically raised by the defence. (See R. v. Mancini (1942) AC 1 ;…
Parker v The Queen
[1963] HCA 14
Citation 7
…13. Much difficulty about provocation appears to have arisen from the dicta contained in the speech of Viscount Simon in Holmes v. Director of Public Prosecutions (1946) AC 588 , particularly at p. 598, upon which much of the obiter dicta in R. v. Scriva (No. 2) (1951) VLR 298 , appears to rest. Whe…