Pollock v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL AND BELL JJANDREW MURRAY POLLOCK  APPELLANTANDTHE QUEEN  RESPONDENTPollock v The Queen [2010] HCA 3520 October 2010B14/2010ORDER1.        Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 11 September 2009 and, in lieu thereof, order that:(a)the appeal to that Court be allowed;(b)the appellant's conviction be quashed; and(c)a new trial be held.On appeal from the Supreme Court of QueenslandRepresentationS J Keim SC with A E Cappellano for the appellant (instructed by Legal Aid Queensland)M J Copley SC with J A Wooldridge for the respondent (instructed by Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPollock v The Queen Criminal law – Defences – Provocation – Elements of provocation – Meaning of "sudden" – Whether accused's loss of self-control must immediately follow provocation – Scope of objective test – Whether there exists a discrete requirement that accused must commit fatal act before there has been time for loss of self-control to abate. Criminal procedure – Directions – Use of model directions – Duty to frame directions by reference to issues.Words and phrases – "loss of self-control", "sudden provocation", "time for passion to cool".Criminal Code (Q), s 304.FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ.IntroductionThe appellant was convicted of the murder of his father following a trial before the Supreme Court of Queensland (Atkinson J and a jury).  The sole question at...