JSB171 Lecture Notes - Lecture 1: List Of Ethnic Slurs, Unlawful Killing, Owen Dixon
Document Summary
Should be left to the jury where open on the facts framed in the sense most favourable to the accused: Lee cheun-cheun; stingel: provocation & self-defence husband slowly escalating fear kills husband) Judge must direct jury even if not expressly raised by the accused: van den hoek (1986) may be run concurrently: chhay (children & wife threatened by. Onus excuse the accused to raise some evidence | r to negative brd. Effect partial defence guilty of manslaughter rather than murder (not full acquittal: not available for attempted murder only relevant to sentencing: mcghee, elements in stingel , unlawful killing which constitutes murder. When a person who unlawfully kills another : unlawful killing with intent to kill or gbh: s302, sudden provocation. Exposure to pressure cumulates into breakdown of self-control worse than before. Examples: unwelcome sexual advances: green v r (22yo man & 26yo man good friends 36yo offered.
