Section 270 of the Criminal Code 1899 (Qld) (prevention of repetition of insult) is available as a defence to manslaughter, not only to assault charges. The section does not require evidence that the provocateur threatened to repeat the act after the initial provocation; the question is whether the prosecution excluded any reasonable possibility of repetition on all the evidence. The 'presence' requirement in s 268 should not be read down to require subjective awareness of the provocative conduct. The test for whether force was reasonably necessary to prevent repetition is purely objective.
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