Australia Leading Case provocationpartial defencesordinary person test

Stingel v The Queen

[1990] HCA 61; (1990) 171 CLR 312

JurisdictionAustralia

CourtHigh Court of Australia

Year1990

StatusBinding authority

Key Principle

The partial defence of provocation has two limbs: a subjective limb (the accused in fact lost self-control due to the deceased's conduct) and an objective 'ordinary person' limb; the ordinary person shares only the accused's age, and the gravity of the provocation (but not the power of self-control) is assessed in light of the accused's personal characteristics.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

McAuliffe v The Queen [1995] HCA 37; (1995) 183 CLR 108

M v The Queen [1994] HCA 63; (1994) 181 CLR 487

Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555

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