Murder

What constitutes the legal offence of murder under Canadian law?

Murder is the deliberate act of homicide, committed with the intention to cause the death or bodily harm. An unintentional homicide, on the other hand, will fall under the category of manslaughter.

Under Canadian law, culpable homicide falls into three different categories based on the nature of the act and the circumstances.

First-degree murder (Section 231(2)):

This is a clear, deliberate, and premeditated act of the accused, resulting in the death of the victim.

Second-degree murder (Section 231(7)):

Here, the act is clearly intentional, but there was no premeditation.

Manslaughter:

Manslaughter refers to a situation where the accused unintentionally caused the death of the victim.

What are the legal penalties for murder under the Criminal Code?

Murder is an indictable offence, where the Federal Crown will bring criminal charges against the accused. The legal penalties for murder upon conviction are as follows.

First-degree murder: 

Upon conviction, the accused will be sentenced to life in prison. The eligibility for parole will be considered only after 25 years.

Second-degree murder: 

Same as in first-degree murder, if convicted, the accused will be sentenced to life in prison. Here, the eligibility for parole will be considered between 10 and 25 years. This is left to the discretion of the judge to be decided based on the circumstances of the case and the criminal record of the accused.

A lifetime prison sentence is the minimum mandatory sentence for both first- and second-degree murder, with the only difference between the two being the eligibility for parole.

How will the Crown prove the offence of manslaughter in court?

Actus Reus (Unlawful act):

The Crown must prove conclusively in court that the accused indeed committed the unlawful act that caused the death of the victim.

Mens Rea (Intention behind the act):

The Crown must also establish the intention of the accused behind the unlawful act. The evidence must prove that the accused had the intention to cause the death or inflict serious bodily harm to the victim.

Guilt established beyond a reasonable doubt:

As with any other criminal case, the burden of proof on the Crown is greater compared to that in a civil case. This means that charges against the accused might be proven in court beyond a reasonable doubt.

How can our criminal defence lawyer help you?

Having an experienced criminal defence lawyer on your side from day one is crucial in mounting a strong legal defence in your favour. A knowledgeable lawyer might employ any of the following legal strategies in defence of their client.

Charter rights violations:

Under Canadian law, the accused is entitled to the following Charter rights:

• The right to remain silent.
• The right to be informed of the charges.
• The right to retain and instruct counsel without delay.
• The right to be free from arbitrary detention.

If there were any Charter rights violations during the investigation, your lawyer will move the court to disqualify such evidence collected from the court proceedings.

Self-defence:

Canadian law allows the reasonable use of force in self-defence against an imminent threat. If your lawyer can prove the nature of the imminent threat and the necessity to use such force in self-defence, the criminal charges against you are likely to be dropped or reduced.

Weaknesses in the evidence:

Your lawyer will scrutinize the evidence submitted by the Crown against you in the case. They will point out any weaknesses or inconsistencies in the evidence. As mentioned earlier, the Crown must prove the charges laid against you in court beyond a reasonable doubt. If the Crown fails to reach this threshold, the court is likely to acquit you on technical grounds.

Lack of intent:

Suppose the death of the victim was an unintended consequence of your actions. If your lawyer can establish this fact in court, the Crown will reduce the criminal charges to manslaughter.