A trial judge's directions on provocation under s 23(2)(b) of the Crimes Act 1900 (NSW) that use 'response' language rather than strictly tracking the statutory wording will not constitute a misdirection if the summing-up taken as a whole correctly conveys that the jury must determine whether the deceased's conduct could have induced an ordinary person in the position of the accused to have formed the requisite intent. An elderly offender's advanced age does not preclude a determinate sentence that may extend for most of the offender's remaining life expectancy where necessary to reflect the objective seriousness of the offence.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
5 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.