R v Mankotia [2001] NSWCCA 52

R v Mankotia [2001] NSWCCA 52

The NSW Court of Criminal Appeal is bound by established High Court authority that, for the objective test in s 23(2)(b) of the Crimes Act 1900 (NSW), characteristics such as the accused's ethnic or cultural background are not to be attributed to the ordinary person; it was correct for the trial judge to so direct...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'murder' 'provocation' 'jury Directions' 'objective and Subjective Elements of Provocation Under Crimes Act S 23']
['criminal Law'] ['appeal Against Conviction' 'murder' 'provocation' 'jury Directions' 'objective and Subjective Elements of Provocation Under Crimes Act S 23']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether the trial judge erred in directing the jury that personal characteristics such as ethnic or cultural background should not be imputed to the 'ordinary person' for the objective test under s 23(2)(b) of the Crimes Act 1900 (NSW)" 'Whether the NSW Court of Criminal Appeal is bound by High Court decisions on provocation']

Ratio Decidendi

The NSW Court of Criminal Appeal is bound by established High Court authority that, for the objective test in s 23(2)(b) of the Crimes Act 1900 (NSW), characteristics such as the accused's ethnic or cultural background are not to be attributed to the ordinary person; it was correct for the trial judge to so direct the jury, and there is no basis for allowing the appeal.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal against conviction dismissed' 'Appeal against sentence dismissed']