Very often, we hear about manslaughter and murder on TV. The final result is the same (a dead person) between these terms. However, there are differences that when judging the case will determine a greater or lesser penalty.
But what does the Canadian Murder Law say, and what is the difference between murder and manslaughter? Here is a short guide to find out and to understand what do these mean and what the difference is.
What are the Main Types of Homicide Foreseen by The Penal Code?
Our penal code provides for three main types of homicide: intentional, unintentional, and negligent.
The first, intentional murder, is that homicide committed with the clear intent of killing, therefore causing death.
An example: a person who has problems with the victim, perhaps a neighbor, and goes to his home armed to kill him. Or the murderer could be someone who plays the victim’s death.
It is not always easy to prove malice. To do so, you have to bring out the murderer’s clear intentions to cause death.
Manslaughter, however, is a murder that goes beyond the intention. It is usually caused by beating or injuries that lead to death. This is a less serious offense than willful murder, but it is still punished with severe penalties.
Wrongful death is a homicide that is committed without intent to kill the victim. The culprit, therefore, has no intention of killing but commits acts that cause death, albeit unintentionally.
What is Murder in Canada?
Murder is considered when a person causes the death of another and carries it out with one of the three assumptions:
- ‘Treachery’ is carried out treacherously and/or when it is known that the victim will not be able to defend oneself),
- ‘Cruelty’ (deliberately and inhumanly increasing the suffering of the victim) or
- ‘Concurrence of price’ (committing the crime in exchange for economic or material retribution).
The deliberate killing of another person is referred to as murder. Homicide, or murder in Canada is divided into several categories, such as 1st degree or 2nd degree. The distinction between first degree, second degree, and third degree murder is important in deciding the minimal amount of time that must be served in prison before the offender is eligible for parole, even though both crimes automatically result in a “life” sentence.
First Degree Murder
- A murder that is both planned and intentional is referred to as first degree murder. If something was planned, it was first thought of and then put into action. If the action was premeditated, it wasn’t a hasty decision.
- A murder that is not premeditated and planned may nonetheless be charged as first-degree murder in a number of situations. First degree murder is always committed when a police officer or prison guard is killed. First-degree murder is also defined by the law as being committed in the course of certain other crimes, such as hijacking, sexual assault, aggravated sexual assault, kidnapping, forced confinement, hostage taking, terrorism, intimidation, or any other offense committed on behalf of a Canada Criminal Law.
Sentence of First Degree Murder:
First-degree murderers are all given the same sentence: life in prison with a 25-year parole eligibility period. A 20-year-old found guilty of first-degree murder will be able to apply for parole when they are 45 years old. When a life imprisonment sentence is given, the majority of first-degree murderers will eventually be allowed to reintegrate into society. But for the rest of their life, their freedom would be constrained by the terms of parole. Furthermore, if they violate their parole, they might easily be sent back to jail to complete more time.
Second Degree Murder
Second degree murder refers to intentional killing that is committed without planning and does not fit into any of the first degree murder definitions.
Sentence of Second Degree Murder:
The maximum sentence is 25 years in jail without the possibility of parole; however, the minimum term is 10 years in prison without the possibility of parole. The court has discretion over the eligible date for parole.
The law also stipulates that individuals convicted of 2nd-degree murder who have a history of murder must spend 25 years before becoming eligible for parole. Except for this one instance, parole eligibility periods more than 20 years are very uncommon.
What is Manslaughter in Canada?
Manslaughter is also considered when one person causes the death of another. But the crime does not contemplate any of the three assumptions cited in the section on murder. You can have the intention to kill someone but not be cruel.
There are two types of Manslaughter in Canada:
- Voluntary Manslaughter
- Involuntary manslaughter
Let’s explore about them.
What is voluntary manslaughter?
Voluntary is when someone does it under provocation. The provocation might be to such a point that he is unable to control his emotion. It can be cited as ‘heat of passion or moment.’
For example, during a fight between two friends, one friend loses control and hits another. And as a result, he dies.
What is involuntary manslaughter?
The crime of homicide also includes the assumption that someone kills another person, but it has been without intention. Involuntary manslaughter can be
- Traffic accident, run over, etc.
- Because of a failure or negligence ‘negligent homicide’ (for example, a failure by the doctor during a surgical operation)
These two types of homicide can also be called ‘wrongful death.’
There is another type, namely attempted manslaughter. It is when someone attempts to kill someone in the heat of the moment.
Within the category of homicide, we can find if it has been committed due to negligence, which can be classified as serious or slight.
Penalty of Manslaughter
The penalty for manslaughter has a wide range depending on the type of homicide.
- Reckless homicide is punishable by penalties of between 1 and 4 years.
- When it is intentional manslaughter, it ranges from 10 to 15 years in prison.
What is the difference between Murder and Manslaughter?
So we have seen what is meant by manslaughter and murder. But what are the main differences between murder and manslaughter? In reality, it would be enough just to reflect on the definition to understand how they differ from each other.
The accused’s intent is the primary distinction between murder and manslaughter. Murder charges will be brought against the suspect if they had intended to kill the victim. They might face manslaughter charges if they didn’t intend to murder the victim.
In Canada, murder is the most serious crime. The deliberate killing of another person is what it is referred to as. This implies that there must be evidence of the accused’s intention to kill the victim. Despite the fact that there are many degrees of murder.
Manslaughter is a less serious criminal offense, on the other hand. It is described as the accidental death of another individual. In other words, although the accused did not intend to kill the victim, their acts caused the victim’s death. Manslaughter charges may be brought against a driver if their reckless driving results in a deadly collision.
When Homicide Turns to Murder
The murder is a malicious homicide with treachery, cruelty, or premeditation. Within this typology, those who commit homicides under the following circumstances are sentenced as prisoners of murder:
- With treachery
- By price, reward, or promise
- With cruelty
- To facilitate the commission of another crime or prevent it from being discovered.
If more than one of these circumstances occurs, it is also considered murder, and the penalty is stated earlier.
In addition, murder and a reviewable prison sentence are contemplated in cases where:
- The victim is under the age of sixteen or is a particularly vulnerable person (either due to age, illness, or disability)
- That homicide is committed following a crime against sexual freedom.
- The crime is committed by a member of a criminal group or organization.
- That more than two homicides are committed
Final Verdict
If you find yourself in one of these unfortunate situations, contact a murder lawyer. Or, if you think that a person close to you may be entitled to compensation, do not hesitate to contact an expert. Only an expert lawyer can tell you the difference between murder and manslaughter.
