The sentencing for manslaughter covers the whole spectrum of punishments. There is no minimum sentencing requirement, yet the maximum punishment is life imprisonment. Due to this, the circumstances of the case are vitally important.
Mitigating factors can play a huge role in manslaughter cases and can be key for obtaining more lenient sentences. Here we look at the impact of mitigating factors along with examples and how they affect judgment.
What are Mitigating Factors in Manslaughter Cases
Mitigating factors do not excuse or justify a crime. It’s important to note these factors cannot be used as a full defence. However, mitigating factors are the circumstances or aspects of the case which reduce moral blameworthiness.
These factors help the court understand what was going through the mind of the accused. With significant mitigating factors, it may be decided that a lesser sentence is appropriate. They don’t play a role in the outcome of the case but can hugely impact sentencing.
They are in direct contrast with aggravating factors, which are circumstances or aspects of the case which increase moral blameworthiness. Many cases can be complex where both mitigating and aggravating factors will need to be considered.
Related Article: https://www.agpllp.ca/defending-against-manslaughter-charges-legal-strategies-and-considerations-in-canada/
Key Mitigating Factors in Manslaughter Cases
There is no defined list of mitigating factors in Canadian law. Instead, we know what they are through precedent. Here are the most common mitigating factors:
1. Lack of Malice or Premeditation
Manslaughter requires the absence of an intent to kill. However, there can still be varying degrees of malice or premeditation. For example, picking up a weapon shows more malice and a greater risk of death, even if done in the heat of the moment.
It may also be that the accused went to confront someone without the intent to kill. This would show some premeditation. In contrast, a punch thrown in the heat of an argument would lack any malice or premeditation and would be seen as a mitigating factor.
2. Provocation
Provocation is a common mitigating factor. If the accused acted in response to a sudden and unexpected event, this can be mitigation. The court will want to know if this event would cause an ordinary person to lose control.
An example would be when the accused found out their partner was committing adultery and acted in a flash of violence. This does not justify the killing but it’s likely to be understood that an ordinary person may lose control in this situation.
3. Remorse and Cooperation
Killing without intent usually comes with immediate remorse. Showing remorse and cooperation with law enforcement and court officials can show regret for the actions. Taking responsibility for their actions can lead to a more lenient sentence for offenders.
4. First-Time Offender
It can be hard to know what’s going through someone’s mind when they commit an act. Being a first-time offender makes it more likely for the court to consider the actions to be a genuine mistake. It also statistically makes them less likely to re-offend.
5. Mental Health Issues
Mental illness or severe psychological distress can be considered a mitigating factor. Courts will recognize self-control and judgment may have been impaired. This is usually highly dependent on medical evidence and the advice of professionals.
6. Self-Defense or Defense of Others
In many cases, this can be a complete defence for manslaughter. However, there may be times when the force was excessive or the threat posed wasn’t significant enough to justify their actions. This is commonly known as imperfect self-defence and is downgraded to a mitigating factor.
7. Extreme Emotional Distress
Similar to mental health issues, judgment clouded by extreme emotional distress, such as abuse or domestic violence, can be mitigating. Poor judgement due to being under the influence of drugs or alcohol can also be a mitigating factor, but this is a less robust defence than mental illness or emotional distress.
8. Following Actions
How the accused acted immediately following the incident is important. If they made an effort to save the victim’s life or seek medical assistance, the court may view this positively. It shows they didn’t want to victim to die and were instantly remorseful.
9. Character and Behavior
Character and behaviour will also be taken into account. Someone of high standing in their community with positive character references will showcase that the incident was out of character. Being open to rehabilitation and integration will also be positive signs. Exemplary behaviour following the incident will also be noted.
10. Guilty Plea
A guilty plea is welcomed by the court as this will avoid a costly and lengthy trial. It also shows you as taking responsibility. There is no automatic reduction in sentencing for a guilty plea, however, it is common practice.
There is the possibility of a lawyer negotiating a plea bargain, where they will look to get their client reduced charges or receive a lesser charge. A plea bargain is usually only negotiated if the prosecution’s evidence is strong, but not watertight. If the evidence is too strong, the Crown may not be willing to negotiate.
Related Article: https://www.agpllp.ca/what-is-the-sentencing-for-manslaughter-in-canada/
Aggravating Factors
Aggravating factors are often the direct opposite of mitigating factors (such as premeditation vs no premeditation) but not always. Let’s have a quick overview of these aggravating factors and how they may negate the mitigating factors.
- Use of a weapon
- Vulnerable victim
- Premeditation or planning
- History of violence or criminal record
- Excessive use of force
- Lack of remorse
- Severe impact on the victim’s family
- Abuse of trust or authority
- Group or gang involvement
- Attempting to conceal the crime
- Criminal motivation
- Prolonged duration of the offence
- Offense endangered others
How Mitigating Factors Impact Sentencing
As we mentioned in the introduction, the sentencing for manslaughter is highly discretionary. Judges will consider the circumstances of the manslaughter, along with both aggravating and mitigating factors, to give a fair and just sentence.
If the mitigating factors far outweigh the aggravating factors, then reduced penalties are much more likely such as shorter prison sentences, probation, or conditional sentences. The balance of these factors is critical.
This is why it is important to hire an experienced homicide lawyer. They will be able to highlight and promote the mitigating circumstances, whilst arguing against any alleged aggravating factors. This combination can have a significant impact on the final sentence.
Final Thoughts
Mitigating factors play an integral role in manslaughter cases. While they don’t act as a defence, they play a vital role in how severe the sentence will be. It ensures the sentence will be fair and proportionate to the crime committed.
Expert legal representation is key to highlighting these mitigating factors and giving the best chance of a lighter sentence. If you need a free consultation about your case, call AGP LLP today and we’ll be happy to see how we can help.
