The sentencing range for manslaughter of a domestic partner where provocation is established is 9-12 years imprisonment on a plea of guilty, as stated in R v Sebo. A sentence at the lower end of that range (nine years) is appropriate where the victim was not defenceless, the provocation extended beyond sexual jealousy, the offender demonstrated genuine remorse, and the killing was radically out of character. Deterrence has limited claim upon the sentencing discretion in provocation cases because the deprivation of self-control inherent in provocation necessarily falsifies the rational cost-benefit calculation assumed by deterrent theory.
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