In the appellate case R v DCE [2024] QCA 165, the Supreme Court of Queensland addressed an appeal against a conviction of assault occasioning bodily harm while armed. The appellant, DCE, was convicted following a meeting with Child Safety officers regarding reconnecting with her children, during which sensitive information was disclosed about her eldest child's visit to his father in prison, who had a history of violence. The court highlighted that the trial judge erred in not permitting the jury to consider the defense of provocation under sections 268 and 269 of the Criminal Code, specifically concerning whether the complainants’ disclosure constituted an "insult." The appellate court found that there was indeed sufficient evidence to suggest that the father’s past actions and the context of the meeting could have deprived the appellant of self-control. Ultimately, the appeal was allowed, the convictions were set aside, and a new trial was ordered.
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