Section 304(7) of the Criminal Code (Qld), which places the onus of proving provocation on the defence, does not alter the onus of proof for mistake of fact under s 24, which remains on the prosecution to disprove beyond reasonable doubt, even when the circumstances of provocation are intertwined with a mistake of fact. Where the same mistake of fact issue arises in the context of both provocation and self-defence, and the jury's verdict on self-defence necessarily required it to reject the mistake of fact beyond reasonable doubt, any misdirection on the onus of s 24 in the provocation context will not give rise to a substantial miscarriage of justice under the proviso.
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