Where an accused's own account indicates that he provoked or commenced the assault on the deceased, the trial judge must direct the jury on s 272 of the Criminal Code (self-defence against provoked assault), not merely on s 271 (self-defence against unprovoked assault). A direction on s 271(2) does not adequately convey the availability of a defence under s 272. The proviso in s 668E(1A) is unavailable where the only defence the accused might have had was never presented to the jury.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.