The fact that a jury's verdict of manslaughter on the basis of provocation already accounts for the victim's provocative conduct does not preclude a sentencing judge from considering that same conduct under s 32A(3)(a) of the Criminal Law (Sentencing) Act 1988 (SA) when determining whether special reasons exist for a shorter non-parole period. However, the victim's conduct must 'substantially mitigate' the offender's conduct, which involves a question of degree, and even where the qualifying matter is established, countervailing subjective factors (such as lack of remorse and the objective seriousness of the offending) may preclude a finding that special reasons exist.
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