TSIGOS V. THE QUEEN

TSIGOS V. THE QUEEN

There was no material at trial supporting automatism or provocation by grossly insulting words; the trial judge’s summing up, though forceful, did not amount to a direction that the jury must convict as a matter of law; special leave to appeal should be refused.

Parties
Applicant: Tsigos; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
14 April 1965
Procedural Posture
Application for Special Leave to Appeal (criminal) / Judgment on Application for Special Leave
Outcome
application for special leave to appeal dismissed (by majority)
Legal Topics
Murder, Manslaughter, Automatism, Provocation, Judicial Directions, Summation
Criminal Law Murder Manslaughter Automatism Provocation Judicial Directions Summation

Case Brief

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Parties

Tsigos

Applicant

The Queen

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal) / Judgment on Application for Special Leave

Legal Issues

  1. 1 Whether there was sufficient evidence of automatism to require submission of that defence to the jury
  2. 2 Whether there was sufficient evidence of provocation by grossly insulting words to require submission of manslaughter as an alternative to murder
  3. 3 Whether the trial judge's summing up improperly directed the jury, depriving them of the ability to acquit

Ratio Decidendi

There was no material at trial supporting automatism or provocation by grossly insulting words; the trial judge’s summing up, though forceful, did not amount to a direction that the jury must convict as a matter of law; special leave to appeal should be refused.

Court Disposition

application for special leave to appeal dismissed (by majority)

Orders

  • Application for special leave to appeal dismissed