Homicide the act of one person killing another. In Canada, there are three main categories of homicide:
Calgary Homicide Lawyer
Murder (First and Second Degree)
The intent required for both types of murder is as follows:
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- Where the person who causes the death of another person:
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- specifically intends to kill, or
- intentionally causes the person bodily harm that he knows is likely to cause death, and is reckless as to whether death ensues;
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- The offender causes death to an unintended victim by accident or mistake while at the same time forming the requisite intent noted above in respect of the intended victim; or
- Causes death while pursuing an “unlawful object” that “he knows or ought to know is likely to cause death.”
- Where the person who causes the death of another person:
A planned and deliberate murder is first-degree murder. An unplanned murder may also be categorized as first-degree murder if it occurred during the commission of a criminal act such as a hijacking, sexual assault, kidnapping or forcible confinement, hostage-taking or activity classified as terrorism. The killing of a member of the police force, a prison employee or a person working on behalf of the prison authorities is also first-degree murder, even if it was not premeditated.
All other murders outside the criteria for first-degree murder are second-degree. First-degree and second-degree murder both carry automatic life sentences. A person convicted of first-degree murder must serve 25 years in prison before being eligible for parole. In comparison, the eligibility period for a second-degree murder conviction ranges from 10 to 25 years, depending on aggravating and mitigating circumstances and the offender’s moral culpability, which involves a complex analysis of the Accused’s personal circumstances and several other factors at issue at the time the offence was committed.
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Manslaughter is a homicide that occurs when a person’s actions unintentionally results in the death of another. There are two categories of manslaughter: an unlawful act or criminal negligence. An unlawful act is one in which an individual commits a criminal offence causing death, but the offender lacks the intent required for murder. A murder charge may also be reduced to manslaughter if the victim suddenly provokes the offender, causing them to be deprived of self-control and to act before their passions have cooled. If a person did not intend to cause harm to another but acted or failed to act in a way that showed disregard for human life, they may be charged with manslaughter due to criminal negligence.
Sentences for manslaughter range from a suspended sentence and probation to life in prison. The length of sentence varies upon a careful analysis of the offender’s level of moral culpability in committing the act that ultimately caused death, from near-accident all the way up to intentional acts which the offender knew would likely subject the victim to the risk of life-threatening injuries, short, however, of what would be required to establish the intention to kill required for murder.
Infanticide
If a woman, who in a disturbed state of mind as an effect of giving birth, acts willfully or fails to act in a way causing the death of her newborn child (within a year of birth), she may be charged with infanticide. The maximum penalty for infanticide is five years imprisonment.
Contact Our Calgary Homicide Lawyer Today!
Once the police have named you as a person of interest in a homicide investigation, it is wise to consult a homicide lawyer immediately.
If you are searching for a Calgary homicide lawyer, contact us at the law office of Jason Wuttunee. Our Calgary homicide lawyer, Jason Wuttunee, has served on both sides of the justice system with 11 years of experience as a Crown Prosecutor.
Homicide prosecutions typically involve complex and extraordinary investigative tactics, such as undercover operations, wiretap, and Mr. Big operations. Further, homicide investigations often involve DNA, cell-site evidence, judicial authorizations for searches and seizures, and other tools implicating an individual’s constitutionally protected rights. Even if you committed a potentially culpable homicide, the Crown always has the onus of proving guilt beyond a reasonable doubt. Several defences may be available to you.
Call us today to schedule an appointment with our Calgary homicide lawyer. Let us help you mount a vigorous defence.
