A killing may be found to be premeditated (in the sense that the offender equipped himself to kill if the occasion arose) consistently with a jury verdict of manslaughter by provocation, provided the murderous intent is found to have arisen from loss of self-control at the time of the provocation. Where Parliament has increased the maximum penalty for an offence and sentencing practice has not responded, the sentencing judge is obliged to give effect to the legislative increase and is not fettered by the previous pattern of sentencing. When fixing a new single non-parole period under s 14(1) of the Sentencing Act 1991, the court must allow for the part of the original non-parole period already served.
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