Author: Bill Potts

High Court orders a re-trial for a man who violently stabbed and bludgeoned his wife to death in front of their children – Bill Potts comments

A man who had been sentenced to life in jail for stabbing and bludgeoning his wife to death in 2016  has been granted a re-trial by the majority of the High Court. The High Court found that the trial judge wrongly instructed the Jury about how they (the jury) could consider the defence of provocation and if it applied in this case. Background Section 304 of the Criminal Code (Qld), a person is only guilty of manslaughter (and not murder) if that person unlawfully kills another (a)in the heat of passion, (b)caused by sudden provocation, and (c)before there is time for the person’s passion...