Definition of murder
As a criminal defence lawyer in Brampton, we have handled individuals charged with murder. Under the Criminal Code of Canada, the definition of murder is set out as follows; causes the death of a human being, or intends to cause physical harm that may result in death and is careless as to whether death is caused or not, or intends to cause death or physical harm that can result in the death of one person but mistakenly kills someone else, or partakes in an offence and does or knows something crucial that can cause death. We can therefore see that murder is not isolated to an incident where a person kills or intends to kill another individual. Just having an intent to cause significant physical harm which results in death complies with the definition of murder. As a Brampton criminal law firm, we will do our best to thoroughly explain the law and procedure of murder.
Types of homicide
If you have any questions relating to someone that has been charged with murder, then please visit us at our criminal law firm in Brampton. In Canada, charges relating to the death of another individual generally fall under three categories: murder, manslaughter, and criminal negligence causing death. The classification of an offence will largely depend on the intent and mindset of the accused. 1st-degree murder is a homicide that is both planned and deliberate. An example of this is a contract killing. Some homicides are automatically considered first-degree murder, such as the killing of an on-duty police officer or prison employee, or a killing committed during a hijacking, sexual assault, kidnapping, hostage taking, terrorism, intimidation, criminal harassment. The sentence for first -degree murder carries an automatic life sentence with no possibility of parole for 25 years. 2nd-degree murder is a deliberate killing that occurs without planning and does not fall under any of the categories of first degree murder. The minimum sentence is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years. Manslaughter is a homicide committed without intent, although there may have been an intention to cause harm.
There are two broad categories of manslaughter:
1) Unlawful act — when a person commits a crime that unintentionally results in the death of another person. For example, someone who fires their gun carelessly in public and unintentionally kills a bystander.
2) Criminal negligence — when the homicide was the result of an act or a failure to act that
showed wanton or reckless disregard for the lives of others. Manslaughter carries no minimum
sentence, except when it is committed with a firearm, in which case the minimum sentence is four yearsin prison. As one of the best criminal lawyers in Brampton, we consider it our obligation to provide the most effective defence possible if you are charged with murder.
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