Peniamina v The QueenCitation:[2020] HCA 47Before:Bell, Gageler, Keane, Gordon, Edelman JJDate:09 Dec 2020Case Number:B32/2020Read more
Section 304(3) of the Criminal Code (Qld) operates to exclude the defence of provocation in cases where the accused's loss of self-control is caused by the deceased's conduct relating to ending or changing the relationship, except in the most extreme and exceptional circumstances. The determination of whether the exclusion applies is a question of law.
- Parties
- Appellant: Appellant; Deceased: Deceased (wife)
- Jurisdiction
- Australia
- Judgment Date
- 09 December 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Defences, Provocation, Domestic Violence, Murder
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Deceased (wife)
Deceased
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the exclusion of the defence of provocation under s 304(3) of the Criminal Code (Qld) applies where the accused's loss of self-control was caused by the deceased's conduct related to ending or changing the relationship
- 2 Whether the operation of s 304(3) to exclude the defence is a question of law
Ratio Decidendi
Section 304(3) of the Criminal Code (Qld) operates to exclude the defence of provocation in cases where the accused's loss of self-control is caused by the deceased's conduct relating to ending or changing the relationship, except in the most extreme and exceptional circumstances. The determination of whether the exclusion applies is a question of law.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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