REGINA v TURK [2001] NSWCCA 547

REGINA v TURK [2001] NSWCCA 547

The trial judge was manifestly correct to conclude that there was no evidence upon which a properly instructed jury could find a loss of self-control under s 23(2)(a) of the Crimes Act 1900, so no direction on provocation was required; the complaint about the summing up concerning a possible second voice had no substance.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Criminal Appeal Against Conviction for Murder / Appeal to the Court of Criminal Appeal
Outcome
Appeal dismissed.
Legal Topics
['murder' 'provocation' 'manslaughter' 'jury Directions' 'summing Up']
['criminal Law'] ['murder' 'provocation' 'manslaughter' 'jury Directions' 'summing Up']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Murder / Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred by not directing the jury on provocation and leaving open a verdict of manslaughter.' 'Whether the summing up was incomplete or erroneous because it did not refer to evidence of a possible second voice heard after the fatal altercation.']

Ratio Decidendi

The trial judge was manifestly correct to conclude that there was no evidence upon which a properly instructed jury could find a loss of self-control under s 23(2)(a) of the Crimes Act 1900, so no direction on provocation was required; the complaint about the summing up concerning a possible second voice had no substance.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']