Homicide Offences
Murder
Murder is the most serious criminal offence under Section 222 of the Criminal Code of Canada, and it involves causing the death of another person with the intent to do so.
Under the Criminal Code of Canada, murder can be defined in two ways:
- First-degree murder: This is premeditated murder, where the offender planned and intended to kill the victim. It also includes murder that occurs during the commission of another serious offence, such as sexual assault or kidnapping. First-degree murder carries a mandatory sentence of life imprisonment with no possibility of parole for 25 years.
- Second-degree murder: This is murder that is not premeditated, but still involves the intentional killing of another person. It can also occur during the commission of certain serious offences. Second-degree murder carries a mandatory sentence of life imprisonment, but the period of parole ineligibility can range from 10 to 25 years, depending on the circumstances.
Canada abolished the death penalty in 1976 and therefore, life imprisonment is the maximum penalty for murder.
If you or someone you care about has been charged with Murder, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.
Manslaughter
Manslaughter is an offence under Section 234 of the Criminal Code of Canada that involves causing the death of another person without intending to do so. It is a less serious offence than murder but still carries severe penalties, including a maximum sentence of life imprisonment.
Under the Criminal Code of Canada, manslaughter can be defined in two ways:
- Voluntary manslaughter: This is manslaughter that occurs during a sudden, passionate reaction to extreme provocation or personal violence. The offender did not intend to kill the victim but acted impulsively due to the circumstances. The penalty for voluntary manslaughter is a maximum of life imprisonment.
- Involuntary manslaughter: This is manslaughter that occurs during an unlawful act that is not intended to cause harm, but which results in the death of another person. This can include acts such as reckless driving or negligent operation of machinery. The penalty for involuntary manslaughter is a maximum of life imprisonment.
In both cases, the prosecution must prove beyond a reasonable doubt that the offender caused the death of another person.
If you or someone you care about has been charged with Manslaughter, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.
Criminal Negligence
Criminal Negligence, or Criminal Negligence Causing Death, are offences under Sections 219 and 220 of the Criminal Code of Canada that involve a wanton or reckless disregard for the lives or safety of others.
Criminal negligence can be defined as a failure to take reasonable care to prevent harm to another person. This can include situations where an individual should have foreseen that their actions would put others at risk but failed to take reasonable steps to prevent harm.
In Canada, criminal negligence causing death is a serious offence that requires proof of a high level of fault or blameworthiness. To establish the offence, the prosecution must prove that the person’s conduct showed a wanton or reckless disregard for the lives or safety of others.
Furthermore, it must be established that the person had a legal duty to take reasonable care or take reasonable steps to prevent harm to others, and that they breached that duty. The breach of duty must have been a significant contributing factor in the victim’s death.
If you or someone you care about has been charged with Criminal Negligence Causing Death, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.