Provocative conduct that breaches a restraining order and continues the very behaviour that prompted the order can constitute sufficient provocation under s 246 of the Criminal Code 1913 (WA), even where the parties have had a long-standing dispute without prior physical contact. The cumulative effect of prior incidents and the accused's personal characteristics (including physical disabilities) are relevant to assessing whether the accused was deprived of self-control. A backward swatting motion causing only minor injury may be proportionate force in response to such provocation.
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