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provocationjury directions
Johnson v The Queen
Johnson v The Queen (1976) 136 CLR 619; [1976] HCA 44
Key Principle
Where there is material on the evidence on which a jury acting reasonably could find that the accused killed under provocation, the trial judge is bound to leave provocation to the jury even if the defence does not rely on it (the Crown bearing the onus of negativing it); and the proportion between the provocation and the retaliatory act is a matter for the jury rather than a fixed rule of law.
Area of Law
General
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