Homicide is a commonly used but often misunderstood term. Not all homicides are treated equally under Canadian law and are divided into three degrees. The degree of homicide a person is charged with plays a huge role in the penalty received.
The three classifications are first-degree murder, second-degree murder, and manslaughter. Here we’ll look at the key differences between the three along with examples. By the end, you should have much more clarity regarding understanding the degrees of homicide in Canada.
What Is Homicide?
In simple terms, homicide is the killing of one person by another. However, not every homicide is a crime. Non-culpable homicides are those which are justifiable killings, with the most obvious being self-defence.
Most homicides are seen as criminal and the degree often comes down to the intent, context and circumstances of the killing. Let’s look at these degrees in closer detail to understand the key differences between them.
First-Degree Murder
You most likely are assuming this is the most serious form of homicide, and you’d be correct. The key to this crime is that it’s a planned and deliberate killing. The offender intentionally and knowingly planned to kill the victim.
It’s this premeditation which is key to classifying a killing as a first-degree murder. They took time to carefully plan their actions. The time taken for this premeditation can be hours or months, but it will be counted as first-degree murder if it was not a spontaneous act.
There are many ways this premeditation can be proved such as with communication records, search history, witness testimony, weapon purchase, and much more. However, this can sometimes be difficult for the prosecution to prove.
An exception to the premeditation is if the victim is a law enforcement officer, such as a police officer or prison guard. In these circumstances, the homicide will automatically be classified as first-degree murder, regardless of premeditation. Homicide can also be classified as first-degree murder if it was committed during an indictable offence.
Related Article: https://www.agpllp.ca/the-different-types-of-criminal-charges-in-ottawa/
Second-Degree Murder
Second-degree murder is an intentional killing but one that lacks premeditation. Here, the offender wanted to kill but it was not planned. An example would be a heated argument which ends with the offender stabbing the victim.
In that example, the offender would have known death was likely but did not premeditate the homicide. There is usually an element of spontaneity in these cases but the actions can’t be excused as there was no defence for their actions.
Manslaughter
Manslaughter is similar to second-degree murder, except the offender didn’t believe their actions would cause death. An example would be a heated argument which ends with the victim being killed after a punch in the head.
This is called an unlawful act of manslaughter where the death is caused while committing an illegal act. The act must be likely to cause harm, but without the offender intending for the victim to die. The key factor is the lack of intent.
There is also criminal negligence manslaughter. This is where the death occurs due to reckless behaviour or gross negligence. Examples include a drunk driver killing a passenger, or a construction worker dying due to safety protocol not being followed.
Penalties for the Different Degrees of Homicide
The reason these classifications are so important is that the penalties for these crimes are vastly different. Let’s take a closer look.
Penalties for First-Degree Murder – If guilty of first-degree murder, you will be sentenced to life imprisonment with no chance of parole for at least 25 years. Parole after 25 is not guaranteed and will depend on a review of the case.
Penalties for Second-Degree Murder – Here the punishment is also life imprisonment but eligibility for parole is usually set between 10 to 25 years depending on the judge’s discretion. As with first-degree murder, parole is not guaranteed after the minimum sentence has passed.
Penalties for Manslaughter – Manslaughter is more complicated. There is no minimum sentence, but the maximum sentence is life imprisonment. The only exception is cases involving a firearm, which have a minimum sentence of four years.
The sentence for manslaughter is hugely dependent on the circumstances of the case. The judge is given full discretion and will weigh up the mitigating and aggravating circumstances. Each case is treated on its individual merit.
Related Article: https://www.agpllp.ca/what-is-the-sentencing-for-manslaughter-in-canada/
The Importance of Legal Representation
Even if the evidence appears strong, having experienced homicide lawyers is vital in these cases. A skilled attorney will assess evidence, identify weaknesses in the prosecution’s case, and develop robust defence strategies.
Experienced legal representation will increase the chances of a favourable resolution or reduced penalties. This can include challenging evidence or negotiating a plea deal for a lesser charge. It’s important to give yourself the best chance of fighting the case.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
Final Thoughts
Homicide is split into three degrees. First-degree murder requires the intent to kill with premeditation. Second-degree murder requires intent but without premeditation. And manslaughter has no intent to kill, but with an act, recklessness, or negligence which caused culpable death.
While linked by the term homicide, the sentences given can be vastly different. Due to this, it’s vital to get legal representation. Call AGP LLP today, and we’ll be happy to offer a free consultation and see how we can help.
