Homicide

Homicide is involves the death of an individual and the related charges are categorized depending on the level of intention and planning.

1st Degree Murder

Is a homicide that involves a specific intention to cause death of another individual or to intend to cause bodily harm to another and either knows that their actions are likely to cause death or they are reckless to the fact that their actions are likely to cause death. Because there is a specific intent required for 1st degree murder intoxication is a possible defence, however this defence will not usually absolve the individual of responsibility and may reduce the charge to 2nd degree murder or manslaughter. In simple terms 1st degree murder is a murder that is planned and deliberate.

2nd Degree Murder

By definition, all murder that is not 1st degree murder is 2nd degree murder.

Manslaughter

Manslaughter is culpable homicide that is not murder or infanticide. In order to prove the offence of manslaughter the crown must prove that a person committed an unlawful act that lead to another person's death, that the act was not an accident, and the act was one that a reasonable person would foresee would cause a risk of non-trivial and non-trifling harm.

Infanticide

Involves the causing of death of a newborn child by the child's mother if at the time of the act the mother had not fully recovered from the effects of giving birth to the child and by reason thereof her mind was then disturbed.

Criminal Negligence Causing Death

Involves deaths caused by an act while not unlawful was negligent in the criminal sense. The test for criminal negligence causing death is closely related to the test fro manslaughter.

Sentencing

The maximum sentencing for homicide offences is life in prison.