The requirements under section 232 of the Criminal Code are that there must be a wrongful act or insult of such a nature to deprive an ordinary person of self control, the objective element, and the accused must act upon that that insult on the sudden and before there is time for his passion to cool, the subjective element (Thibert v. The Queen (1996), 1996 CanLII 249 (SCC), 104 C.C.C. (3d) 1 at para 4 (S.C.C.)). In consideration of the objective element, the deformity of the accused should be considered to give the insult its appropriate significance (Thibert supra at para 14 and 19). The background relationship between the parties is also a consideration (Thibert at para 15 and 19). The subjective element means that the insult must make an unexpected impact that takes the accused by surprise and sets the passions aflame (Thibert at para 20). The background relationship is again relevant if it reveals a history of insults provided that immediately before the last insult, the accused did not intend to kill (Thibert at para 21).
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