R v Mankotia

[2001] NSWCCA 52

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Defences
3. › Provocation
4. › Objective test under s 23(2)(b) Crimes Act 1900 (NSW)
5. › Whether personal characteristics of accused including ethnic or cultural background attributable to ordinary person
6. › Crimes Act 1900 (NSW), s 23(1), (2)
1. Criminal Law
2. › Appeal against conviction
3. › Murder
4. › Directions to jury on provocation
5. › Whether trial judge's directions in conformity with High Court authority
1. Courts and Judges
2. › Precedent
3. › Binding authority
4. › Whether intermediate appellate court bound by High Court decisions
5. › Stingel v R (1990) 171 CLR 312
6. › Masciantonio v The Queen (1995) 183 CLR 58
7. › R v Green (1997) 191 CLR 334

Quick Take

The objective test of provocation under s 23(2)(b) of the Crimes Act 1900 (NSW) does not permit attribution of the accused's ethnic or cultural background to the ordinary person; only age may be attributed. The NSWCCA is bound by the High Court's decisions in Stingel, Masciantonio, and Green on this point, and any challenge must be pursued in the High Court.

Case Details

Citation[2001] NSWCCA 52

CourtNSWCCA

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 4 later cases that cite this judgment.

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Cited by4

2009R v MillerQCA 11
2005Harris v RNSWCCA 432
2002R v KumarVSCA 139
and 1 more after sign-in

Relies on4

1997Green v RHCA 50
1995Masciantonio v RHCA 67
1995K B Hutcherson Pty Ltd v Jose CorreiaHCA 70
1990Stingel v RHCA 61

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