Brampton Defence Lawyer Explains Manslaughter, Murder & Legal Defence Strategies in Canada

Defining murder in the Canadian context may seem straightforward, but, legally, it is a complex matter. Various forms exist, with consequences ranging from severe, such as life imprisonment, to cases that might not qualify as criminal offences. 

Similarly, fatalities resulting from car accidents can lead to criminal charges against the responsible driver. The severity of penalties hinges on factors such as the intent behind the killing and circumstantial evidence.

In this post, a leading Brampton defence lawyer delves into the different types of murder. He also distinguishes them from manslaughter and discusses actions to take if faced with such accusations. 

Let’s get started.

Diverse Levels of Murder & Manslaughter – Grasping the Legal Consequences

In Canadian law, a distinction is made between deliberate and unintentional killings. Though all homicides are grave, the nature and severity of a murder charge centres on the accused's intent, mental state, and the circumstances surrounding the crime.

What Constitutes Murder and What Categories Does It Encompass?

The Criminal Code of Canada defines murder as a criminal offence where the perpetrator:

• Causes the death of a human being.

• Aims to cause death or physical harm that could result in one person's death but inadvertently kills someone else. (Example: unintentionally poisoning a bystander instead of the intended target.)

• Intends to inflict physical harm that might lead to death and is indifferent to whether death occurs.

• Engages in an offence and commits or knows something significant that can lead to death, even if death is not the primary intent.

Undoubtedly, murder extends beyond cases where the accused directly kills or plans to kill someone else. Even the mere intention to cause significant physical harm capable of causing death falls under the definition of murder.

More About First-Degree and Second-Degree Murder

Canada’s Criminal Code classifies murder into first and second degree. While both categories entail severe penalties, including life imprisonment, their distinction lies in the minimum duration of imprisonment before the convict becomes eligible for parole.

Overview of First-Degree Murder

First-degree murder is characterized by premeditation and deliberation, although there are exceptions. Imagine a person was accused of first-degree murder in the death of a police officer fatally struck by a stolen snow plow. Despite the unplanned nature of the officer's death, the charge automatically became first-degree murder.

Penalty for First-Degree Murder

Individuals convicted of first-degree murder commonly receive a life sentence with the possibility of parole after 25 years.

To be eligible for parole, inmates must demonstrate specific characteristics, such as good behaviour, a sense of responsibility, and a commitment to self-rehabilitation. 

Even if granted parole, their freedom remains restricted by its conditions for the entirety of their lives, with any violation potentially leading to re-incarceration.

Overview of Second-Degree Murder

Second-degree murder, while still involving intentional killing, lacks the preparation and planning associated with first-degree murder. Instances of second-degree murder may occur impulsively, such as during an argument or in the heat of passion.

Penalty for Second-Degree Murder

Individuals found guilty of second-degree murder also face a life sentence, with the possibility of parole after 10 years, at the judge's discretion. In exceptional cases, such as when the convict has prior murder convictions, a 25-year imprisonment period before parole eligibility may be mandated. Although second-degree murderers typically get earlier release than their first-degree counterparts, both groups live under parole restrictions for the rest of their lives.

What Is Manslaughter?

Manslaughter is the act of causing the death of a human being without premeditation or deliberation, often involving an intent to harm. Situations that might initially appear as first or second-degree murder can be downgraded to manslaughter under specific conditions. For instance, if the offence occurs impulsively or if the accused was under the influence of substances, it is categorized as manslaughter, as per Criminal Code, section 232, subsections 1-2.

Differentiating between murder and manslaughter may not be evident to the average person, as it hinges on the circumstances and the accused's state of mind during the commission of the crime. Analyzing and proving these aspects can be challenging. 

A defence lawyer proficient in defending against manslaughter charges possesses the legal expertise to comprehend this distinction. They can also thoroughly examine each piece of evidence that the prosecution presents against the accused.

The complexity of murder charges in Canadian law necessitates a clear understanding of the distinctions between first-degree murder, second-degree murder, and manslaughter. The severity of their penalties depends on factors such as intent and circumstances. Legal expertise is crucial in navigating the intricate nuances of these charges, emphasizing the need for the accused to seek the counsel of a seasoned manslaughter lawyer in Brampton.