Criminal Homicide assumes various forms.

Generally, the definition of homicide involves the taking, directly or indirectly, of someone’s life; and includes first-degree murder, second-degree murder, infanticide and manslaughter. The Crown Prosecutor in conjunction with the police will determine what form of homicide prevails in the circumstances based on the accused’s state of mind, which requires a prosecutorial assessment of culpability. These are the most serious offences in the Criminal Code of Canada; and they attract the lengthiest jail terms in Canada. This article will provide general information on this area of criminal law.

First Degree Murder

This charge is laid when the prosecution’s theory of its case is grounded in the notion that the accused person had murdered someone with planning and deliberation. The prosecution must prove purpose and intent to kill someone at some level at some point in time; and the plan was successful. If the plan was not successful (i.e. the person was not murdered), the prosecution may charge an accused person with attempted murder.

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The Prosecution is not required to prove purpose and intent to kill when the alleged murder involved killing a police officer or if the purported murder was committed in the context of the commission of one of the specified offences under the Criminal Code, namely terrorism, offences committed on behalf of a criminal organization, hostage taking, forcible confinement, kidnapping hijacking, (aggravated) sexual assault (with a weapon), and intimidation.Upon the entry of a conviction for first degree murder, one is automatically sentenced to a life sentence with no option for parole for 25 years.

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Second Degree Murder

In the Criminal Code of Canada, second degree murder is defined as all other murder other than first degree murder. It does not involve circumstances of planning and deliberation but requires that the Crown Prosecutor(s) provide an intent to kill someone.Upon the entry of a conviction for second degree murder, one is also automatically sentenced to a life sentencebut the presiding Justice may set parole eligbility anywhere between 10 to 25 years.

Manslaughter

Manslaughter is defined in the Code as a culpable homicide that is not murder. It involves circumstances where there is unintentional killing.

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There is no mandatory minimum sentence for Manslaughter. The sentence may range from probation (which is extremely unlikely given the recent developments in the case law) to a life sentence.If someone you know is facing one (or more) of the aforesaid homicide charges, choosing a lawyer who has the knowledge and expertise to properly defend the case is of paramount importance. Our firm has successfully represented many people charged with homicide and, as a result, knows how to assist you in obtaining the best possible result.

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Defences

If you are about to be charged or have been charged, call our criminal defence law firm at 403-585-1960 arrange for a consult.

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