Provocation and excessive self-defence remain relevant mitigating factors in sentencing for unlawful and dangerous act manslaughter after the abolition of the defence of provocation, particularly where the offending conduct was born of fear rather than anger. The Crown's obligation to assist the sentencing court with range submissions requires articulation of how the relevant features of the case and sentencing principles bear upon the exercise of the discretion, not merely the nomination of upper and lower figures. An ill-judged Crown submission on range may contribute to sentencing error.
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