Court of Appeal Wellington
23 February; 13 March 1990
Cooke P, Hardie Boys, and Heron JJ
23 February; 13 March 1990
Cooke P, Hardie Boys, and Heron JJ
Criminal law — Defences — Provocation — Murder — Crown alleged three separate attacks upon victim, the third involving blows to her head resulting in her death — Judge refused to allow defence of provocation to go to the jury — Whether such a defence should lightly be taken away from the jury — Whether there was sufficient causative evidence for the defence of provocation to be left for the jury — Crimes Act 1961, s 169.
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