Voluntary Manslaughter in Brampton: What Are the Sentencing & Penalties?

Do you need an experienced voluntary manslaughter lawyer in Brampton or elsewhere? The term ‘voluntary manslaughter’ refers to a person killing under circumstances brought on by strong provocation. For example, if a husband discovers his wife cheating and shoots her lover, this may be considered voluntary manslaughter as the act was not planned but done deliberately.

 

Manslaughter differs from murder in that the latter is generally the premeditated killing of another. However, manslaughter does not involve the premeditated intent to kill someone. So, although manslaughter is a serious crime, the punishment is generally less severe than for murder.

 

There are different types of manslaughter, including:

· Voluntary manslaughter

· Involuntary manslaughter

· Corporate manslaughter

· Vehicular manslaughter

 

Here, you will learn about voluntary manslaughter in detail, along with its defence and punishment, as discussed by a renowned manslaughter lawyer in Brampton.

 

What Is Voluntary Manslaughter? What Elements Are Required for a Murder to Be Voluntary Manslaughter?

People often confuse voluntary and involuntary manslaughter. The main element that differentiates the two is intent. The term ‘involuntary manslaughter’ refers to the unintentional killing of a person. The death may have resulted from criminal negligence, recklessness, or irresponsibility. Here, the person who commits involuntary manslaughter does not want the victim to die. In the absence of such causes, the killing could be regarded as first or second-degree murder.

 

However, in the case of ‘voluntary’ manslaughter, the key element is whether the intention was harm or death. If someone commits such a crime intentionally ‘in the heat of passion’, that is voluntary manslaughter. Although considered a homicide, certain elements distinguish it from murder. So, what are those elements?

 

· Provocation 

Provocation is the most significant element that differentiates murder from voluntary manslaughter. Murder is generally premeditated, with a prior malicious intention. But in the case of voluntary manslaughter, there is no malice aforethought. Rather, someone is highly provoked by a scenario that leads them to commit the killing. It contains a legally adequate and logical reason to kill the victim.

 

Provocation has the power to destroy the normal mental state of an individual, compelling them to lose their self-control and commit one of the most serious crimes.

 

· Passion or Intention

People often commit crimes in the heat of passion. It is a rash act of intense emotion where the person was provoked to such an extent that they committed the crime. Although it was not pre-planned, it still involves a conscious disregard for human life.

 

What Are the Defences for Voluntary Manslaughter?

The following are possible defences for voluntary manslaughter:

 

1. Self-Defence

When confronted with a threat, the normal first response is self-defence, and sometimes people kill their attacker. If the accused can successfully prove this in court, they may be released. This is because people have the right to do anything to save their life when under physical threat.

 

2. Actual Innocence

If an innocent person is charged with voluntary manslaughter, they can seek out an experienced voluntary manslaughter lawyer to defend them.

 

3. Accidental Killing

If an accused can prove to a judge or jury that the killing occurred due to an accident, their charges may be dropped. However, the outcome is largely determined by how the lawyer presents the case in court.

 

4. Sanity

Charges of voluntary manslaughter may be dropped if the defence lawyer can show that the offender was not in their right mind at the time of the killing. Examples include if the accused is mentally ill or lacks the mental stability to control their criminal conduct.

 

Punishment for Voluntary Manslaughter

The punishment for voluntary manslaughter in Canada includes:

· A prison sentence of 8 to 30 years

· A large fine

· Counselling

· Anger management

 

The result of any case depends on various factors like the evidence presented, witnesses, the attorney’s case, and the disposition of the judge or jury. However, the most crucial person between the victim and judge is the defence lawyer. That’s why you must hire an experienced voluntary manslaughter lawyer in Brampton to present your case in the best possible light.