A trial judge's summing up on provocation under s 23 of the Crimes Act 1900 (NSW) is to be assessed as a whole, not by reference to isolated passages. A trial judge may legitimately expound the law on provocation in one place and refer to the evidence in other places without rendering the directions inadequate. The expression 'an ordinary person in the position of the accused' in s 23(2)(b) directions necessarily imports consideration of the gravity of the provocation as it affected the accused in light of his personal characteristics. Directions under s 23(3)(a) and (c) are not required where the Crown has not raised proportionality or intent as negativing provocation.
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