Murder is defined under the Criminal Code as culpable homicide that falls into two distinct categories, first or second degree, based on the details of the offence.
Legal Definition of Murder
Under section 229 of the Criminal Code, culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death,
and is reckless whether death ensues or not;
(b) 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; or
(c) if 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.
Murder Classifications
First Degree Murder: Murder is deemed first degree if it involves premeditation and planning.
Second Degree Murder: Any murder that does not qualify as first degree is classified as second degree murder.
Facing Murder Charges?
If you are facing murder charges, you don't have to go through this alone. Call (855) 585-1777 for a free consultation with a criminal defence lawyer.
Similar Offences to Murder
Manslaughter and Infanticide: Manslaughter refers to unintentional deaths caused by negligence or reckless acts, while infanticide involves a mother causing her newborn's death influenced by childbirth or breastfeeding.
Potential Penalties for Murder
Murder is prosecuted as an indictable offence without the possibility of a lesser summary conviction.
First Degree Murder: Automatically results in life imprisonment with no chance of parole for 25 years.
Second Degree Murder: Results in life imprisonment with a parole ineligibility period of 10 to 25 years based on the specifics of the case.
Indictable Dispositions Available for Murder
- Imprisonment
Aggravating Factors
- Weapon utilization
- Forethought and planning
- Traits of the victim
- Effects on the victim's family
- Connection to the victim
- Involvement in a criminal group
Judicial Procedures and Rights for Individuals Accused of Murder
Those accused of murder have the right to a preliminary inquiry to assess if there's sufficient evidence to warrant a trial. This critical stage often involves jury considerations and stringent bail conditions due to the serious nature of the charge.
Have You Been Charged with Murder?
Having a knowledgeable defence attorney is crucial for anyone accused of murder. Dial (855) 585-1777 for a comprehensive evaluation of your case during a free consultation.
Defence Strategies for Murder Charges
A common defence strategy is to demonstrate that the accused did not intend to cause death or could not have anticipated that their actions would lead to such an outcome. Another defence might be provocation, which indicates that the victim provoked the incident that resulted in their death.
Additionally, it could be argued that the death was accidental and occurred under circumstances that were legally permissible. These defences require a thorough understanding of legal doctrines and are crucial for crafting an effective defence strategy. For a free consultation with a criminal lawyer, call (855) 585-1777.
Don’t Face Your Murder Charge Alone
An experienced criminal defence lawyer is vital when dealing with a murder charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of murder. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.