Zhong v The Queen

The applicant, Zhong, sought special leave to appeal to the High Court of Australia from a decision of the Supreme Court of Victoria, Court of Appeal. The dispute concerned the applicant's conviction for murder.

The primary legal issue before the High Court was whether the Court of Appeal erred in dismissing the applicant's appeal against his conviction. Specifically, the High Court considered whether the trial judge had made a sufficient direction to the jury regarding the defence of provocation, and whether the Court of Appeal had erred in upholding the trial judge's decision on this matter.

Hayne J, in chambers, considered the grounds of appeal. His Honour noted that the applicant's argument rested on the assertion that the trial judge's summing up failed to adequately explain the concept of provocation as a partial defence to murder. The High Court's role was to determine if there was a reasonably arguable point of law that warranted the grant of special leave to appeal.

Special leave to appeal was refused.