A sentence of 10 years and 6 months' penal servitude (effectively 9 years 9 months accounting for bail) for provocation manslaughter involving a ferocious attack with poultry shears following a non-violent homosexual advance was within the proper range of sentencing discretion, where the provocation was not of the most serious kind and the response was remarkably violent and frenzied. The three factors identified in R v Alexander (degree of provocation, time between provocation and response, and degree of violence) remain the relevant sentencing considerations for provocation manslaughter.
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