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Adopt the mixed subjective-objective test for the defence of
property with respect to the accuseds belief that force is needed and
that the degree of force used was necessary.
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Require that the defence of property through violence be
reasonable, but not also necessary and
proportionate.
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Require that the defence of property be dependant on defence
of the person or Aboriginal lands, such that the use of deadly force could only
be justified in such circumstances.
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Engage in an equality-based analysis of the defence of
provocation that examines the broader implications of the defence beyond the
results in reported cases.
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Abolish provocation at the same time that the mandatory
minimum sentence of life imprisonment for murder is abolished.
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Remove victim provocation as a factor in
mitigation of sentence.
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Delete the phrase "in the heat of passion" and
substitute language that identifies a temporal link between the alleged
provocation and the accuseds response.
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Replace the phrase wrongful act or insult with
unlawful act, employing an equality-based understanding of insults
that encompasses the implicit threat posed by racist insults and other
taunting.
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Retain the "ordinary person" test for provocation.
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Retain the suddenness requirement for the
accuseds reaction to the alleged provocation.
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Do not create a formal bar on the provocation defence for
"spouses", but enact one instead for male violence against women and
children and for killings inspired by alleged gay advances or homosexual
panic.
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Qualify the ordinary person test such that the person is one
who adheres to Charter, specifically equality values.
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Do not restrict provocation to those who fail self-defence
only by reason of their use of excessive force.
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Create a legal mechanism that would repudiate discriminatory
sentencing patterns and practices, and that would create the potential for
public accountability and legal challenge of such sentences.