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Australia provocationmens rea intentionprecedent judicial independence

Parker v The Queen

Parker v The Queen (1963) 111 CLR 610; [1963] HCA 14
JurisdictionAustralia
CourtHigh Court of Australia
Year1963
StatusBinding authority

Key Principle

On a charge of murder, provocation should be left to the jury where there is evidence of a sudden and temporary loss of self-control; and, in determining intention, the High Court declined to follow the House of Lords' decision in DPP v Smith, asserting that the High Court of Australia is not bound to follow decisions of the House of Lords.

Area of Law

General

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