lc3: circumstances of the defendant

• element 3: a person of the defendant’s sex and age, with a normal level of tolerance and self-restraint, in the circumstances of the defendant, would have reacted in the same or similar way
• element 3 is largely objective but considers circumstances of the defendant
• s54(3) in subsection (1)(c) the reference to ‘the circumstances of defendant’ is a reference to all of defendant’s circumstances other than those whose only relevant to defendant’s conduct is that they bear on defendant’s general capacity for tolerance or self-restraint
• r v rejmanski: mental disorders are not considered circumstances of defendant where it only affects self-control
• r v asmelash: intoxication is ignored in relation to element 3