The use of the word 'proportionality' in a provocation direction does not constitute a misdirection where the charge read as a whole makes clear that proportionality is not a separate requirement but is absorbed in the objective test under Masciantonio. A propensity warning in respect of relationship evidence need not follow the precise model formulation in R v Grech provided the substance of the warning is adequate in the context of the issues at trial. Post-offence conduct is not intractably neutral as between murder and manslaughter where it forms part of a broader circumstantial case.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.