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.
These charges are all very involved and require complex
defences. It is vitally important that anyone charged with any
of the above offences to consult with a knowledgeable lawyer as
soon as possible.
Examples from actual cases
R . v. Youth - Manslaughter
Client charged
with Manslaughter following altercation at a house party.
Through the course of a three week jury trial I was able to
illicit evidence that almost all of the underage partygoers were
intoxicated, that the majority of those at the party engaged in
taunting and teasing of my client. In cross-examination on e of
the deceased friends confirmed that he had thought that the
incident was an accident. Following over one and a half hours of
crown submissions and an hour and fifteen minutes of defence
submission the jury deliberated for less than 3 hours and
returned a Not Guilty verdict. See link below for newspaper
coverage.
Link to Newspaper
article verdict
Link to Newspaper article submissions
R v. L
- Attempt Murder,
Theft Over $5,000, Dangerous Driving, etc
Client
was charged with Attempt Murder, Theft Over $5,000, Possession of Stolen Property,
Dangerous Driving, Driving While Prohibited. Through negotiation with crown counsel and as
a result of cross-examination of crown witnesses at Preliminary Inquiry charges were
reduced to Possession of Stolen Property, Dangerous Driving and Driving While Prohibited.
R. v. Mc - Murder
Client charged with murder of neighbour. Police arrived on
scene to find client with blood on his hands and neighbour
deceased with apparent trauma to his head. Through negotiation
with Crown counsel client was released on bail allowing him to
return to live with his family while the matter worked it's way
through court. As the matter went forward I was able to show
weaknesses in the case against my client. As a result of
continuing work through negotiation, research and investigation
the charges against the client were dropped in their entirety by
the Crown following the release of the autopsy report.
Link to Newspaper story
RETURN TO CRIMINAL OFFENCES
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