Stingel v R
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1990] HCA 61,1990-1220 HCA E |
| Year | 1990 |
| Date | 1990 |
| Court | High Court |
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44 cases
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Taiapa v The Queen
...Dixon J; [1938] HCA 12; Ugle v The Queen (2002) 211 CLR 171; [2002] HCA 25; Murray v The Queen (2002) 211 CLR 193; [2002] HCA 26. 4Stingel v The Queen (1990) 171 CLR 312 at 334 per Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ; [1990] HCA 61; Van Den Hoek v The Queen (......
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DPP v McNamara
...withdrawal. In the Australian form of the modified objective test, that role was upheld by the High Court of Australia in Stingle v R (1990) 171 CLR 312 so as to justify withdrawing a provocation defence from the jury. There, the teenaged accused had come across his former girlfriend in a c......
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Donnellan v Min for Justice and Others
...can do anything to stop the passage of the years. As the High Court of Australia said (in a different context) in Stingel v. The Queen (1990) 171 CLR 312, 330: 'the process of development from childhood to maturity is something which, being common to us all, is an aspect of ordinariness.'" ......
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Fox v the Queen
...The High Court of Australia, where the common law also still applies, came to a similar conclusion in Stingel v The Queen (1990) 171 CLR 312. 19 Mr Fitzgerald, who appeared for the appellant, did not really dispute that the reaction was so disproportionate that no reasonable jury could have......
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13 books & journal articles
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Descent into Murder: Provocation's Stricture—The Prognosis for Women Who Kill Men Who Abuse Them
...opinion expressed byGibbs J in Moffa v R (1977) 138 CLR 601 at 616, cited with approval by the HighCourt of Australia in Stingel v R (1990) 171 CLR 312 at 326. Whether such aprinciple could be successfully invoked in cases such as, for example, the “batteredwife syndrome” is a matter upon w......
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Political Rhetoric or Principled Reform of Loss of Control? Anglo-Australian Perspectives on the Exclusionary Conduct Model
...If so, why not say so?’.133 NSWLCSC, above n. 1 at paras 9.65–9.67.134 These facts are derived from the case of Stingel v The Queen (1990) 171 CLR 312.135 L. Richards, H. Fletcher and D. Jewell, Independent Parliamentary Inquiry intoStalking Law Reform. Main Findings and Recommendations (20......
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The Paradox of Disallowing Duress as a Defence to Murder
...account in deciding whether the so-called objective component of the provocation defence has been satisfied, see Stingel v The Queen (1990) 171 CLR 312 at 324, 327; Masciantonio v The Queen (1995) 129 ALR 575 at 581. For the English view on which of the accused’s personal attributes were t......
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Rape in Victoria as a Crime of Absolute Liability: A Departure from Both Precedent and Progressivism
...279.59 McCrae vDowney [1947] VLR 194, 203; Gherashe v Boase [1959] VR 1; Mayer vMarchant (1973) 5 SASR 567 at 579.60 Stingel vThe Queen (1990) 171 CLR 312 at 336. This formulation of an accusedevidential burden was adopted by all seven justices of the High Court in Stingel.Although Stingel’......
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