In sentencing for manslaughter, the absence of intent to kill or cause grievous bodily harm is not a separate mitigating factor requiring express identification by the sentencing judge — it is inherent in the offence of manslaughter itself. As a general proposition, manslaughter cases where there was no intent to kill or do grievous bodily harm do not necessarily involve a lower degree of criminality than cases where the intent exists but provocation reduces the offence to manslaughter. The existence or absence of intent is relevant as an ingredient of the mix of facts and circumstances in sentencing, not as a standalone mitigating or aggravating factor.
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