The definition of murder may seem simple, but it isn’t.
There are many types of murders. While some have serious punishments, including life imprisonment, others may not even be considered criminal offences. Likewise, some car accident-related deaths can result in criminal charges against the driver. The penalties depend on many factors, including the intentions behind the killing and circumstantial evidence.
In this post we take a close look at the different types of murder, how they differ from manslaughter, and what to do if you’re accused.
Different Degrees of Murder and Manslaughter – Understanding the Legal Consequences
Canadian law distinguishes between intentional and accidental homicide. While all killings are serious, the type and seriousness of a murder depends on the intent, mental state and circumstances of the accused when the crime took place.
What Is Murder and What Are Its Types?
The Criminal Code of Canada defines murder as a criminal offence, where the offender:
- causes the death of a human being.
- intends to cause physical harm that may result in death and is careless as to whether death is caused or not.
- intends to cause death or physical harm that can result in the death of one person but mistakenly kills someone else. (Example: the offender unmindfully poisons a bystander instead of the intended target.)
- partakes in an offence and does or knows something crucial that can cause death (even if it’s not intended).
Hence, murder isn’t limited to crimes where the accused kills or intends to kill another person. Even mere intention to cause significant physical harm that can cause death meets the definition of murder.
The Criminal Code classifies murder as either first or second degree. While both categories carry serious penalties, including lifetime imprisonment, the difference between the two lies in the minimum time spent in prison before the convict is eligible for parole.
First Degree Murder – At a Glance
First degree murder is usually planned and deliberate but not always.
For instance, in 2011, Richard Kachkar was charged with first degree murder in the death of Toronto Police officer Sgt. Ryan Russell. He was run over by a stolen snowplow driven by Kachkar. So, even though the officer’s death was unlikely the result of a planned killing, the charge was automatically first degree murder.
Penalty for First Degree Murder
Those convicted of first degree murder are usually sentenced to life imprisonment with the chance of parole after 25 years.
In order to be eligible for parole an inmate should exhibit certain character traits like good behavior, a sense of responsibility and an inclination towards self-rehabilitation. Even after receiving parole, their freedom will be restricted by its conditions for the remainder of their lives. Even the smallest breach could land them back in jail.
Second Degree Murder – At a Glance
While second degree murder also requires the intentional killing of a person, it lacks the planning and preparation that first degree murder involves. For example, a second degree murder may take place during an argument or in the heat of passion.
Penalty for Second Degree Murder
Those convicted of second degree murder will also be sentenced to life imprisonment, with parole eligibility after 10 years at the discretion of the judge.
In rare cases (for example, where inmates have previous murder convictions), those found guilty may have to serve 25 years before receiving parole. While second degree murderers are usually released earlier than first degree murderers, both will lead a restricted life on parole for the rest of their lives.
Manslaughter
Manslaughter is the killing of a human being without planning or deliberation, although there may have been an objective to cause harm. What seems to be first or second degree murder can be reduced to manslaughter under certain circumstances. Examples include if the crime was committed in the heat of the moment (Criminal Code, s. 232, ss. 1-2) or the accused was intoxicated.
To a layman, it’s not always evident whether a homicide is murder or manslaughter. The difference lies in the circumstances and what the accused was thinking when committing the crime, which could be difficult to analyze and prove in court. Only an experienced criminal defence lawyer has the legal expertise to understand this difference and scrutinize every piece of evidence that the prosecution may use against the accused.
Penalty for Manslaughter
While there’s no minimum sentence for manslaughter, penalties can vary from probation to life. (Unlike murder, life imprisonment is not an automatic penalty for manslaughter.) In cases where the crime involves a firearm, the minimum penalty is four years.
Any criminal charge involving murder can carry lifetime consequences, so it’s important to have strong legal representation. With more than 16 years of experience as a criminal defence lawyer in Brampton, Harpreet Saini defends his clients aggressively. After thoroughly assessing your case, we will drive it toward the best possible outcome. That may mean convincing the court to reduce or dismiss the charges or presenting a successful defense at trial.