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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.


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