Criminal codes are an essential part of the law in every country. They help determine the degree of punishment that must be inflicted on the criminals. Different sections in the criminal codes help figure out the damage incurred by the victim and the related charges. Murder is one of the crimes that have many sections and articles in different criminal codes. In the Canadian Criminal Code, murder has been broadly classified depending upon the intention and types of murder.
What is a homicide in the Canadian Criminal Code?
According to section 222 (1), a person commits homicide when they directly or indirectly cause another human being’s death. There are two types of homicide: culpable and non-culpable. The former is illegal under a set of offenses outlined in the Criminal Code, a legislation enacted by the Canadian Parliament that is applicable consistently across the nation. Manslaughter and infanticide are the other two types of culpable homicide, with murder being the most heinous.
When a person commits responsible homicide, that is murder. Elaborately, being the cause of the victims or another person ‘s death by harming the victim physically with the awareness that doing so would likely result in death.
Definition of First-Degree Murder
By definition, first-degree murder is said to be committed when someone kills another human being with the intention of actually killing him. It has been briefed in section 229 (a) properly. In this section, there are two cases (i) and (ii). Section 229 (a) (i) says that the first-degree murder that has been caused occurs by the specific, intentional action of a person to cause murder. For example, if you do a deal of planning to murder someone and then commit the killings following the plan; this section will govern your case.
Compared to the above scenario, section 229 (a) (ii) states that a person utilizes something to cause bodily harm to another person by something that can cause death, and death takes place.
Section 231 of the Canadian Criminal Code gives more specific cases for first-degree murder:
- Planned and Deliberate: This is the type of first-degree crime where crime is committed in an organized fashion. There is a complete intention of committing suicide, and the person doesn’t have any confusion whatsoever.
- Killing police officers or correctional officers: This is a scenario where someone kills a person who is part of a law-enforcement department. It specifically includes the police officers and correctional officers who may be executed in their lines of duty.
- Killing during sexual harassment, kidnapping, hijacking, or criminal harassment: These are the situations where someone gets dominated by another human being and died as a result of the illegal activity.
- Killing someone in the act of terrorism:
If someone kills another human being as part of a terrorist event, or at the direction of some terrorist/ criminal organization, it’s considered a first-degree murder by the Canadian Criminal Code.
Furthermore, according to the murder law of Canada a killing that takes place as a result of a domestic assault is not always deemed a first-degree murder. If it was premeditated and intentional, it can be considered first-degree murder, but just because it was a domestic attack does not make it such.
Sentence for First Degree Murders in Canada
The sentence for first-degree murder in the Canadian criminal code is life imprisonment. It makes one ineligible for parole for 25 years. Offenders who have committed repeated murders may be given consecutive terms for which they are not eligible for parole. When criminals are granted parole, they stay on parole for the rest of their lives and are subject to a set of requirements or they run the risk of going back to jail.
Difference between First-degree murder, Second-degree murder, and Third-degree
The concept of “Malice Aforethought” is used for differentiation of 1st degree, 2nd degree and 3rd degree murders. This term basically tells you if there was an intention of killing present or not.
In first degree murder, there is intention involved. Let’s say a worker is routinely humiliated by his supervisor in front of everyone. This really hurts his ego. He thus made the decision to exact revenge on him. He began to spend a few days observing his boss’s activities. To determine the precise time to kill was the key goal. Finally, the boss will also be discovered dead one day.
On the other hand, the second degree, death occurs unintentionally i.e., by some incident that is deemed as reckless. Imagine that two buddies were fighting vehemently over a disagreement. On the other’s head, one of them accidently broke a glass bottle. Even though it appeared to be a normal attack, the victim was explicitly targeted and died either immediately or shortly after.
Compared to first- and second-degree murders in Canada, Manslaughter is killing that takes place without malice aforethought. Manslaughter can be classified into two categories: voluntary manslaughter and involuntary manslaughter. A husband may kill the person having an affair with his wife out of rage in the case of voluntary manslaughter. And, in the event of involuntary manslaughter, a driver may murder a bystander while ignoring traffic laws and failing to pay attention to signals.
Final note
Hopefully you have enjoyed the reading journey of this blog and now you have a crystal clear message about first degree murder, first degree murder sentences and different type of murder charges. See, murder is not expected in any circumstance. But, sometime it may happen without your intention where you will get stuck from regular peaceful life. Don’t worry, if you face such issues, don’t be delayed. Contact a qualified criminal defence lawyer in Moosejaw immediately to avoid the worst case situation.
