HEFFERNAN v REGINA [2006] NSWCCA 293

HEFFERNAN v REGINA [2006] NSWCCA 293

Although some isolated words in the provocation directions were capable of criticism or misunderstanding if read alone, the summing-up as a whole repeatedly and correctly told the jury that the defence bore no onus and that the Crown had to negative provocation beyond reasonable doubt. The directions did not reverse the onus of proof or cause a miscarriage of justice, and no objection was taken at trial despite experienced senior counsel appearing for the appellant.

Jurisdiction
Australia
Judgment Date
11 September 2006
Procedural Posture
Criminal Appeal Against Conviction for Murder / Application for Leave to Appeal in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal refused
Legal Topics
['murder' 'provocation' 'self Defence' 'jury Directions' 'onus of Proof' 'rule 4']
['criminal Law' 'criminal Procedure'] ['murder' 'provocation' 'self Defence' 'jury Directions' 'onus of Proof' 'rule 4']

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Procedural Posture

Criminal Appeal Against Conviction for Murder / Application for Leave to Appeal in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the trial judge's directions on provocation reversed or misstated the onus of proof." 'Whether isolated phrases in the summing-up about provocation caused a miscarriage of justice when the directions were read as a whole.' 'Whether provocation had to be left to the jury although the appellant disavowed provocation and relied on self-defence.']

Ratio Decidendi

Although some isolated words in the provocation directions were capable of criticism or misunderstanding if read alone, the summing-up as a whole repeatedly and correctly told the jury that the defence bore no onus and that the Crown had to negative provocation beyond reasonable doubt. The directions did not reverse the onus of proof or cause a miscarriage of justice, and no objection was taken at trial despite experienced senior counsel appearing for the appellant.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']