The s 21A(2)(eb) aggravating factor (offence committed in victim's home) does not apply to manslaughter by excessive self-defence where the victim created the threat that provoked the defensive response. The objective gravity of manslaughter by excessive self-defence is measured by the extent to which the offender's response exceeded what a reasonable person would have done, not by the offender's anterior conduct or reasons for being present. General deterrence must be considered but may carry limited weight in such cases given their similarity to spontaneous crimes of passion.
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