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Stingel v The Queen (1990) 171 CLR 312 High Court of Australia

The appellant was obsessively infatuated with a woman who had terminated their relationship. He became a stalker, following her about. She obtained a court order restraining him from approaching her. One evening after a party he found the woman having sex in a car with another man. He went back to his own car, fetched a butcher's knife and came back and killed the man.


Held:

The High Court of Australia held that the judge was right to withdraw the issue of provocation from the jury on the ground that such conduct could not raise even a reasonable doubt as to whether the objective element in the defence had been satisfied.
 
Back to lecture outline on the defence of provocation