The Law Reports (Appeal Cases)
[1964] AC 1369
[PRIVY COUNCIL]
FRANK PARKER APPELLANT; AND THE QUEEN RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
1964 Mar. 23;
May 12.
May 12.
VISCOUNT RADCLIFFE, LORD EVERSHED, LORD MORRIS OF BORTH-Y-GEST, LORD HODSON and LORD PEARCE.
Australia
— New South Wales
— Crime
— Homicide
— Provocation
— Issue wrongly withdrawn from jury
— Statutory defence
— Grossly insulting words or gestures as provocation
— Provided act done “without intent to take life”
— Onus
— “Intent” to be qualified by “premeditated”
— Interval between provocation and act causing death
— Loss of self-control
— Matters for jury
— Case remitted for verdict of manslaughter to be entered or new trial
—
Crimes Act, 1900 (New South Wales), No. 40, s. 23.
Crime
— Homicide
— Provocation
— General principles
— Intent to kill
— Malice prepensed
— Cooling off period.