Peniamina v. The Queen

Lower Court Judgment

29/11/2019 Supreme Court of Queensland (Court of Appeal) (Morrison and McMurdo JJA and Appplegarth J)

[2019] QCA 273

Catchwords

Criminal law – Defences – Provocation – Criminal Code (Qld) s 304 – Where applicant charged with murdering his wife – Where applicant pleaded not guilty to murder but guilty to manslaughter on basis of provocation – Where applicant bore onus of proving provocation – Where jury convicted applicant of murder – Where Court of Appeal held by majority that jury had not been misdirected as to provocation and dismissed applicant’s appeal against conviction – Whether operation of s 304(3)(c) confined to provocative conduct identified by applicant as causing loss of self-control, or whether jury may also consider other conduct.

Short particulars