Masciantonio v The Queen
[1995] HCA 67
Citation 1
…34 Kwaku Mensah v. The King (1946) AC 83 at 93: "the ordinary West African villager"; Moffa (1977) 138 CLR at 606: "an ordinary man of his ethnic derivation"; Saliba v. The Queen (1986) 10 Crim LJ 420 at 421: "the same social and ethnic background as the accused".…
Moffa v The Queen
[1977] HCA 14
Citation 2
…11. The objective test is not suitable even for a superficially homogeneous society, and the more heterogeneous our society becomes, the more inappropriate the test is. Behaviour is influenced by age, sex, ethnic origin, climatic and other living conditions, biorhythms, education, occupation and, ab…
Johnson v The Queen
[1976] HCA 44
Citation 3
…18. Another way of expressing the matter is that, just as there is no verdict of "not proven" under the common law, so no fact relevant to the determination of guilt or innocence remains, at the end of a criminal trial under the common law, in the state "not proven". A fact which must be proved by t…
Pemble v The Queen
[1971] HCA 20
Citation 4
…18. I shall deal with the fourth of those matters first. There is no doubt that the course taken by counsel for the appellant at the trial contributed substantially to the form of the summing up. If the trial had been of a civil cause, it might properly be said that the trial judge had put to the ju…
Parker v The Queen
[1964] HCA 30
Citation 5
…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 6
…27. But where does the onus of proof of provocation lie by the law of New South Wales? The language of s. 23, read by itself, clearly means that it is for the jury to decide on a trial for murder whether there was provocation, but that they are not to allow it to extenuate the crime unless they find…