When factual provocation is relied upon as a mitigating factor in sentencing for grievous bodily harm or wounding (where provocation is not a legal defence), the relevant factors include: the nature, duration and gravity of the provocative conduct; the extent of its impact on the offender; the timing of the response; whether the response was proportionate; and whether the provocation remained an operative cause. Provocation bears its ordinary meaning of 'something that incites, instigates, angers or irritates'. A grossly disproportionate response to minor provocation will attract little mitigating weight.
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