Hearings
Australia (NSW)
12 May 1964 [1964] AC 1369; [1964] 3 WLR 70; [1964] 2 All ER 641, PC
Parker v The Queen
Subject Matter
CRIME — Australia — New South Wales — Crime — Homicide — Provocation — Issue wrongly withdrawn from jury — Statutory defence — Grossly insulting words or gestures as provocation — Provided act done “without intent to take life” — Onus — “Intent” to be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
[1964] AC 1369; [1964] 3 WLR 70
CRIME — Homicide — Provocation — General principles — Intent to kill — Malice prepensed — Cooling off period
Appellate History
Parker v The Queen [1962] SR(NSW) 726
Order of the Court of Criminal Appeal of the Supreme Court of New South Wales set aside and case remitted
Parker v The Queen [1964] AC 1369; [1964] 3 WLR 70; [1964] 2 All ER 641, PC