In provocation manslaughter, the degree of provocation reduces objective gravity while the degree of violence or aggression increases it; the existence of excessive provocation does not permit the sentencing court to disregard the degree of violence in assessing objective gravity. A sentence of 5.5 years (2.5 year NPP) for a frenzied knife attack involving 25-30 stab wounds with intent to kill was manifestly inadequate notwithstanding significant provocation and strong subjective circumstances. The majority and dissent disagreed on the proper application of Wong & Leung to Crown appeals, with the dissent proposing a more restrictive test for intervention.
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