The word 'provoked' in s 271(1) of the Criminal Code 1899 (Qld) must be directed upon by reference to the definition of 'provocation' in s 268; a failure to do so risks the jury applying a broader common understanding of provocation to defeat self-defence, constituting a miscarriage of justice. Self-defence under s 271(1) is not defeated merely because the victim's assault was 'provoked' in a colloquial sense broader than the s 268 definition. McMurdo P and Fraser JA differed on whether s 272(1) was raised on the evidence in this case, providing guidance on the threshold for that defence.
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