Full Court Minute Books

Case A19-2020

Miller v. The Queen

Case No.


Case Information

Lower Court Judgment

29/07/2019 Supreme Court of South Australia (Court of Criminal Appeal) (Stanley, Parker, Doyle JJ)

[2019] SASCFC 91


Criminal law –Provocation –Where appellant charged with murder and tried before judge and jury –Where self-defence left to jury, but not provocation –Where appellant convicted of murder –Where on appeal to Court of Criminal Appeal (“CCA”), appellant contended provocation should have been left to jury –Where CCA dismissed appeal –Whether CCA erred by conflating question of whether there was evidence raising provocation with question of whether applicant should have been acquitted of murder on account of provocation –Whether there was evidence before jury which might reasonably have led jury to consider provocation established.


14/08/2020 Hearing (SLA, Melbourne video-connect to Adelaide)

27/08/2020 Notice of appeal

02/10/2020 Written submissions (Appellant)

02/10/2020 Chronology (Appellant)

30/10/2020 Written submissions (Respondent)

20/11/2020 Reply

09/12/2020 Hearing (Full Court, Canberra)
(Including pronouncement of orders)

09/12/2020 Outline of oral argument (Appellant)

09/12/2020 Outline of oral argument (Respondent)