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provocationdefences
Masciantonio v The Queen
Masciantonio v The Queen [1995] HCA 67; (1995) 183 CLR 58
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
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