Section 23(2)(b) of the Crimes Act 1900 (NSW) states a composite test: the jury must consider whether the deceased's conduct could have induced an ordinary person to form an intent to kill or to inflict grievous bodily harm, without being required to determine which intention the accused actually had. A direction requiring the jury to distinguish between these intentions is erroneous. However, such a misdirection may be cured by the proviso where the Crown case on murder is overwhelming and the defence case on provocation is very weak.
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