Pollock v The Queen

[2010] HCA 35
Judgment date
Case number
B14/2010
Before
French CJ, Hayne, Crennan, Kiefel, Bell JJ
Catchwords

Criminal law – Defences - Provocation - Elements of provocation - Meaning of "sudden" - Whether accused's loss of self-control must immediately follow provocation - Scope of objective test - Whether there exists a discrete requirement that accused must commit fatal act before there has been time for loss of self-control to abate.

Criminal procedure – Directions - Use of model directions - Duty to frame directions by reference to issues.

Words and phrases – "loss of self-control", "sudden provocation", "time for passion to cool".

Criminal Code (Q) – s 304.

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