The case confirms that where an accused has known of a spouse's extramarital relationship for many months, observation of the lover's car at the spouse's flat with lights off does not constitute provocation capable of inducing an ordinary person to form an intent to kill under s 23(2)(b) of the Crimes Act 1900 (NSW). The passage of time between learning of the relationship and the killing supports the conclusion that the ordinary person test is not satisfied. The case also illustrates that where psychiatric evidence is equivocal, the jury is entitled to reject a defence of substantial impairment under s 23A.
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