Murder and Manslaughter Offences
The Criminal Code of Canada does not have a specific criminal offence for homicide. Rather homicide is a broad term used to describe murder and manslaughter offences. Both murder and manslaughter are considered some of the most serious criminal offences with the strictest punishments and penalties, and the possibility of life in prison.
Frequently Asked Questions about Murder and Manslaughter
Is Homicide a Criminal Offence?
- FirstDegree Murder
- SecondDegree Murder
The Crown will carefully weigh the evidence and circumstances in each case to determine what category of offence to bring against the accused.
What Is FirstDegree Murder?
To be charged with first degree murder, the Crown must establish there was deliberation and planning present prior to the murder. Deliberation requires the murder was committed intentionally and with a purpose. Planning means the accused conceived of the murder and thought it through before it took place.
Even an unsuccessful attempt to murder another person can still result with being charged with first degree murder. In addition, if a murder is committed during the course of other, certain criminal offences, as defined by and contained within the Criminal Code of Canada, the person is charged with first degree murder. If a murder takes place in the following circumstances, then it is considered first degree murder:
- Hostage Taking
- Forcible Confinement
- Sexual Assault
- Sexual Assault with a Weapon
- Aggravated Sexual Assault
- Any Criminal Offence Committed on Behalf of a Criminal Organization
- The Victim was a Peace Officer
What Is Second Degree Murder?
Second degree murder is where the murder was intention, yet there was no planning or premeditation to commit the act beforehand, nor is the murder committed in a reasonable “heat of passion” situation. Additionally, one can be charged with second degree murder through dangerous and life-threatening conduct, resulting in the death of another.
What Is Manslaughter?
Manslaughter occurs when the accused had no intention to cause death to another person. Although, the accused may have intended to cause harm. Manslaughter is the act of one person committing a crime that results in the unintentional death of another individual.
Why You Should Retain the Lawyers at Passi & Patel for Murder and Manslaughter Offences
If you, a loved one, or a friend has been charged with a murder or manslaughter related criminal offence, you must carefully select a lawyer, who will protect your interests and provide a strong legal defence. Murder and manslaughter cases require criminal defence lawyers, who have expertise and knowledge in defending clients against these charges, and must possess the ability to provide the highest level of representation and an attention to detail. At Passi & Patel, our Mississauga criminal lawyers are committed and passionate about providing our clients with experienced legal representation. We can provide the type of representation required for murder and manslaughter offences. Call 647-898-8018 now to speak one of our Mississauga criminal defence lawyers for an in-depth, complimentary, free case evaluation and consultation.