Law 12

MUNDY 2008

Homicide: death of a human being by another wrongfully

Murder can be either CULPABLE or NON-CULPABLE

NON-CULPABLE murder means the accused is not blameworthy, i.e. – accident or self-defence;

NON-CULPABLE MURDER IS NOT AN OFFENCE

CULPABLE murder means the accused is blameworthy

Murder is subdivided into 6 crimes:1st degree murder2nd degree murderManslaughterInfanticideAttempted murderAccessory to murder

Planned and deliberateWhen the victim is a peace officer (police, etc.)Committed during the commission of a sexual

assault, hostage taking or kidnappingCommitted during commission of unlawful act

using explosivesCommitted for purpose of organized

crime/gangCommitted for purpose of terrorism1st degree murder carries a life-imprisonment

sentence with no chance for parole for 25 years

Any other intentional murder not defined as 1st degree murder

2nd degree murder carries a life-imprisonment sentence with no chance for parole for 10 years

Although not defined in the Canadian Criminal Code,

generally understood to be the unlawful killing of a person (due to an unlawful act) without malice, either voluntary or by sudden impulse

A person charged with murder may have their charges reduced to manslaughter if they successfully use the defences of intoxication or provocation

The killing of a newborn by his or her motherCharge means accused is suffering under

effects of depression or mental disturbance from childbirth

Maximum sentence is 5 years

It is illegal to counsel, advise or assist someone in the commission of suicide

Euthanasia, also known as ‘mercy killing’, subcategorized as either voluntary (person with terminal cancer has expressed wish to die) or involuntary (cancer patient in coma)

All are considered homicides, although compassion is given to situations involving elderly, disabled spouses

Exception is for patients who refuse treatment for an illness

Patient in this case must be of “sound mind”In other cases, if patients cannot give

directive to refuse treatment, medical professionals or legal guardians make judgement based on medical ethics guidelines

Three levels of assault:Assault – 1st level: least severeAssault causing bodily harm – 2nd level: more

severeAggravated assault – 3rd level: most severe

Consists of:Applying intentional force to another person,

either directly or indirectly, without that person’s consent

Attempting or threatening, by act or a gesture, to apply force

Approaching or blocking the way of another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon

Does not involve harmful words alone – words must be accompanied by gestures, such as holding up a fist

Victim can be unaware of assault – person throws a knife at victim and misses is still assault

Assault not considered for persons engaging in consentual sports, such as boxing or wrestling

Committed while committing assault when a weapon is carried, used or threatens to use a weapon or an imitation of a weapon

Committed also when assault results in bodily harm

“Bodily harm” = anything that interferes with the victim’s health or comfort in more than a trifling way

Committed when accused maims, wounds, disfigures or endangers the life of the victim

Mens rea needed is that accused intended to commit bodily harm, but does not require intent to maim, wound, disfigure or endanger the life of victim

Consent tends not to be considered a valid defence in this most severe type of assault