Imagine someone who is being pushed around, let's say, in a bar. So the defender's being pushed around by the attacker and the defender uses reasonable and proportionate force to push that person back and he gets charged with assault.
The force was necessary and proportional, just pushing and shoving, so it's not really that big a deal. But the proposed subclause says that the court may also consider the person's role in the incident. Does that give an opportunity for the prosecution to argue that the defender was being rude and obnoxious and therefore sparked the incident and should be deprived of self-defence?
I realize people may disagree about this example, but in my view those triggering incidents should not be considered part of the self-defence claim if they're at that low level of just being rude and obnoxious. I'm concerned that this may invite considerations that are extraneous to self-defence as I understand it.