← All Authorities
Australia provocationdefences

Masciantonio v The Queen

Masciantonio v The Queen [1995] HCA 67; (1995) 183 CLR 58
JurisdictionAustralia
CourtHigh Court of Australia
Year1995
StatusBinding authority

Key Principle

In the partial defence of provocation, the gravity of the provocation is assessed by reference to the accused's personal characteristics and circumstances, but the standard of self-control is that of an ordinary person of the accused's age, not one endowed with the accused's individual peculiarities of temperament.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

Ask CommonBench about this case

Get a detailed analysis of Masciantonio v The Queen and how it applies to your situation.

Explain Masciantonio v The Queen