Full Court Minute Books

Case A24/2014

Lindsay v. The Queen

Case No.


Case Information

Lower Court Judgment

3/06/2014 Supreme Court of South Australia (Court of Criminal Appeal) (Kourakis CJ, Gray J & Peek J)

[2014] SASCFC 56


Criminal law – Defences – Provocation – Appellant convicted of murder – Circumstances of offence included two incidents where victim had made homosexual advances – Court of Criminal Appeal found errors in directions of trial judge as to provocation – Court of Criminal Appeal applied proviso without positive submission by prosecution and held that partial defence of provocation should not have been left to jury – Court of Criminal Appeal relied on academic literature on contemporary attitudes to homosexual behaviour to support conclusion – Whether appropriate for Court of Criminal Appeal to initiate consideration of and then apply proviso – Whether academic literature is relevant in consideration of objective limb of provocation – Whether it is permissible for Court of Criminal Appeal to rely on academic literature without affording parties opportunity to make submissions.

Short particulars


14/11/2014 Hearing (SLA, Canberra v/link to Adelaide)

27/11/2014 Notice of appeal

18/12/2014 Written submissions (Appellant)

18/12/2014 Chronology (Appellant)

22/01/2015 Written submissions (Respondent)

04/02/2015 Reply

11/03/2015 Hearing (Full Court, Adelaide)

06/05/2015 Judgment (Judgment summary)