Vu The Queen

The case of *Vu v The Queen* concerned an appeal to the High Court of Australia by the applicant, Vu, against his conviction for murder. The dispute arose from the applicant's assertion that the trial judge had erred in law by failing to adequately direct the jury on the defence of provocation.

The central legal issue before the High Court was whether the trial judge's summing up to the jury sufficiently explained the concept of provocation as a partial defence to murder, particularly in relation to the requirement that the provocation must be such as to cause an ordinary person to lose self-control. The applicant argued that the direction given was inadequate and potentially misleading, thereby vitiating the conviction.

Toohey J, in his judgment, considered the established principles of provocation as a defence to murder. His Honour emphasised that the defence requires a loss of self-control by the accused occasioned by something done or said by the deceased, which was of such a nature as to cause an ordinary person to lose self-control. The jury must be satisfied that the provocation was sufficient to have that effect. Toohey J found that the summing up, when read as a whole, did not adequately convey this crucial element to the jury, leaving open the possibility that they might have convicted the applicant without properly considering whether the provocation was of a kind that would cause an ordinary person to react in the manner of the accused.

Consequently, Toohey J concluded that there had been a misdirection on a matter of law. The appeal was allowed, the conviction was quashed, and a new trial was ordered.