Ng v The Queen

The applicant, Ng, sought special leave to appeal to the High Court of Australia against a decision of the Supreme Court of Victoria. The dispute concerned the applicant's conviction for murder and the subsequent dismissal of his appeal by the Victorian Court of Appeal.

The primary legal issue before the High Court was whether the applicant had been denied procedural fairness during his trial. Specifically, the applicant contended that the trial judge had erred in failing to direct the jury on the defence of provocation, and that this failure constituted a miscarriage of justice.

Hayne J, in chambers, considered whether there was a "reasonably arguable” ground of appeal. His Honour noted that the defence of provocation requires evidence that the act causing death was done in the heat of passion caused by adequate provocation, and that there was no cooling-off period. Applying this principle, Hayne J found that there was no evidence presented at trial that could have supported a finding of provocation. Therefore, the trial judge was not obliged to direct the jury on this defence.

Special leave to appeal was refused.