It is without saying that murder is without a doubt one of the most serious criminal infractions in the Criminal Code. Due to the gravity of such accusations, it will be fundamental for the accused to understand and receive the correct representation.
Although most people would consider all types of murder the same, the law creates an important distinction between different levels of murder. Even if they all bring the same unfortunate result of the death of someone, the legal consequences will not be the same.
Therefore, when someone is accused of murder, it will be important to determine whether it is a question of a first-degree murder or a second-degree murder. According to the degree, the plaintiff will have to prove different components.
Furthermore, such distinction can have an important impact on the sentence that the judge will order on the person guilty of murder. It is thus important to understand what constitutes a second-degree murder in Canada!
Fortunately, JuriGo explains to you the components of second-degree murder and the consequences of such a crime!
What Is a Murder?
Before diving into second-degree murder, it is important to understand what murder is. According to the Criminal Code, murder is a category of homicide offences. Therefore, it does not include all the situations where someone dies due to another being’s actions. The crime is defined in section 229 of the code:
| Section 229. Culpable homicide is murderwhere the person who causes the death of a human beingmeans to cause his death, ormeans to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being notwithstanding that he does not mean to cause death or bodily harm to that human being; orif a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being. |
|---|
Hence, all murders are homicides but not all homicides are murders. The plaintiff will have to demonstrate without any reasonable doubt all the elements of the murder, namely the material element (actus reus) and the psychological element (mens rea).
1) How to Demonstrate the Actus Reus?
The easiest element to demonstrate while trying to prove the murder is its material element. Indeed, the plaintiff will have to show that there was the commission of an illegal act, which is either an infraction according to the provincial or federal laws, that caused the death of an individual.
Although it is an easy element to prove, it is still important to remember the high burden that the plaintiff needs to reach to demonstrate the crime. He will have to make sure there is no reasonable doubt. Otherwise, the accused will be found not guilty.
2) What Are the Elements of the Mens Rea?
However, once the plaintiff is able to demonstrate the actus reus, he is still far from being done. The next step is to demonstrate the mens rea. To prove the murder, it will be necessary to show that the accused, while committing the crime, had either:
- The intention to cause the death of the victim, or
- The intention is to cause body lesions that he knows can cause death and is indifferent to the possibility of causing death.
Nonetheless, the main element to keep in mind is the intention which is the key difference from the other types of homicides. A person can’t be accused of murder if it was committed by negligence or by accident.
Additionally, it is important to keep in mind that if someone had the intention of committing murder and, by mistake or by error, killed someone else, he will still be accused of murder and not of another homicide.
What Are the Different Categories of Murder?
Once the plaintiff is able to demonstrate the components of the murder according to the Criminal Code, the next step will be to distinguish between the different categories of murder. In Canada, there are 2 different types of murder
First-Degree Murder
For the murder to be assimilated to first-degree murder, it will be necessary to demonstrate that the accused committed the act with premeditation and with the intent to kill the victim.
What is “premeditation”? It means that the accused evaluated and considered the consequences of his actions. Additionally, the crime must not be committed on an impulsive basis. Hence, it will be necessary for the accused to undergo a thoughtful process.
However, it is also possible to automatically assimilate some specific infractions involving murder as first-degree murder. It will notably be the case if the crime in question is in the following list:
- Murder of a police officer,
- Sexual assault,
- Kidnapping and/or sequestration, and
- Hostage-taking.
It will also be the case when the murder is concomitant with criminal harassment, or intimidation offence or when the murder has ties with organized crime. Thus, all those elements must be taken into consideration.
Accused of having committed a murder? JuriGo helps you find a lawyer specializing in criminal law for free!
Second-Degree Murder
Now that we know what first-degree murder is, it is possible to understand what second-degree murder is. Simply put, it includes all the murders that are not included within the definition of first-degree murder.
Generally speaking, the judge will classify the murder as second-degree when the plaintiff is not able to demonstrate without reasonable doubt that the accused have both premeditated and thoughtfully deliberated on the murder.
What Are the Consequences of Second-Degree Murder?
Whenever the court finds someone guilty of murder, it is important to note that it is one of the most serious infractions within the Criminal Code. Therefore, it is normal that the sanction of such crime is very severe.
Indeed, someone guilty of murder can face life imprisonment. However, there is a major difference between first and second-degree murders. The time when the accused will be able to ask for parole will differ.
| Crime committed | Parole |
|---|---|
| First-Degree Murder | Parole after 25 years |
| Second-Degree Murder | Parole between 10 to 25 years |
Hence, even if it is possible in both situations to be imposed life imprisonment by the judge, there is a big difference in the possibility of getting out of jail after a certain time spent in bars.
Find the right lawyer to prepare your criminal defence by filling out JuriGo’s form!
Accused of Second-Degree Murder? JuriGo Helps you Find a Lawyer!
Most people will never have to face the justice system in their life. Although this is a piece of good news, it also makes us unprepared in the event we are being accused of having committed a crime.
Therefore, when you find yourself having to deal with the justice system, you might feel overwhelmed and completely alone. Just know that this could not be further from the actual truth.
When someone is accused of having committed a crime, he will have the right to be represented by a lawyer. Hence, you will receive legal aid even if you do not have the means to employ a professional.
However, criminal law is a broad domain of law and thus, if you wish to put all the chances on your side and prepare the best defence possible, you must hire a lawyer specializing in murder defence.
Fortunately, JuriGo can help you find the right lawyer for free with its quick and simple form.
All you need to do is to fill out the form and we will take care of finding the professional for you!