Professor Grant talked about getting rid of it, which is certainly a worthwhile suggestion.
Assuming that the provision was here to stay, I would say that the risk of an individual becoming violent and the risk of them losing control over their behaviour are each sufficient, on their own, to hold the person responsible for their actions. I said that earlier. In my opening remarks, I gave the example of a man who regularly assaults his wife while drunk. The fact that he becomes violent when he drinks is foreseeable, but it's not necessarily foreseeable that he will reach a state of extreme intoxication. Regardless, even when he is in control of his behaviour, he is violent towards his wife.
That is why this dual standard is excessive, in my view. My recommendation would certainly have been to clarify it, so as not to leave it up to the courts to determine what a reasonable person would have done and whether it amounted to a marked departure. I think the degree of risk should have been assessed, so that it was clear whether it was possible, plausible or probable.
Those are things I encourage you to think about.