Taking someone’s life with a criminal intent is one of the most serious offences under the Criminal Code of Canada. It can lead to imprisonment for, especially if the accused does not have a criminal lawyer to represent him/her in the court. However, the seriousness of the penalty depends on the type of murder charges as not all homicides are the same.
Homicides fall under two types: culpable and non-culpable. Culpable homicide is where the accused is held legally responsible as the death can be caused by a person intentionally or unintentionally whereas non-culpable homicide is when accused is not held legally responsible as it includes death caused by self-defense.
When talking of criminal intent killing, Canadian Law divides culpable homicides into four broad sub-categories; first degree murder, second degree murder, infanticide and manslaughter. Learning the difference between these sub-categories is necessary, especially if you or someone you know is being charged with homicide, to understand where the accused stands on the spectrum of punishment. This post explains the difference between first degree murder, second degree murder, infanticide and manslaughter, after consulting an experienced criminal lawyer in Brampton.
How First Degree Murder, Second Degree Murder, Infanticide and Manslaughter Are Different from Each Other
First Degree Murder
First degree murder is planned and deliberate. To get an accused convicted of first degree murder, it is necessary to demonstrate that the murder was planned beforehand and the accused had a calculated scheme which was carefully thought of to take the life of an individual intentionally. For example, if you kill a police officer in the course of his/her duty, then it is automatically considered as a first degree murder whereas if you take the life of a person when kidnaping him/her, then it is also deemed to be a first degree murder.
In this type of culpable homicide, the nature of the murder can be-
- contracted,
- committed against a law enforcement officer,
- committed while attempting or committing kidnapping, forcible confinement, hijacking of an aircraft, intimidation, sexual assault, sexual assault with a weapon or aggravated sexual assault, criminal harassment,
- committed during a hostage taking, terrorist activity, intimidation.
The penalty for first degree murder is mandatory life imprisonment for any adult along and delayed parole eligibility. In general circumstances, the penalty for a murder conviction is a mandatory life imprisonment with minimum parole eligibility of 25 years.
Second Degree Murder
Any murder which is not first degree murder is second degree murder. It involves the intention of taking a life or causing bodily harm knowing it would likely result in death but without deliberation and planning in advance, unlike first degree murder where it is necessary to demonstrate that the murder was premeditated. Generally, second degree murders occur in the heat of an argument.
The penalty for this type of culpable homicide is a mandatory sentence of life imprisonment. However, the ineligibility period for parole depends on the gravity of the offence. If the offender is previously convicted of murder, then the ineligibility period is 25 years.
Infanticide
Infanticide is when a mother, whose mind is disturbed after giving birth or of consequent lactation, kills her newly-born child. This law was adopted in the Criminal Code of Canada in 1948 as previously juries were refusing to convict mothers of murdering their own offspring. It is an indictable offence and the maximum penalty for this offence is imprisonment not exceeding 5 years.