Many simply see manslaughter as a step down from murder, but it’s more complicated than that. While counted as a homicide, it is a distinctly different crime from first or second-degree murder. This is due to the absence of a premeditation or an intent to kill.
One of the most crucial aspects to learn about this crime is the difference between voluntary and involuntary manslaughter. Here we’ll clarify those differences while giving you other key information needed to understand what constitutes manslaughter.
What Constitutes Manslaughter in Canadian Law
In Canadian criminal law, homicide refers to the killing of one person by another. However, not all homicides are murder, and some homicides aren’t even criminal. There are non-culpable homicides where they are deemed non-criminal due to the likes of self-defence or military action.
Culpable homicides are those which are deemed illegal, including manslaughter. Where manslaughter differs from murder is that there was no intention to cause death. However, death was caused due to the offender’s actions.
It will be deemed manslaughter if there was no intent to ki or plan to cause death or malice aforethought (thinking death could be possible before action). These actions are often done either through recklessness or the heat of the moment.
Related Article: https://www.agpllp.ca/murder-vs-manslaughter-a-guide-from-agp-law/
Voluntary Manslaughter
Voluntary manslaughter generally refers to a situation where a person intends to harm someone directly. The difference is they had no plan to kill, but are still responsible for taking another life due to their actions.
An example would be a fight in a bar that ended in a fatal punch in the heat of the moment. The lack of premeditation and the danger felt in the moment can reduce the charge from murder. Other examples can be a crime of passion killing, provocation, or mistaken need for self-defence.
In all of these cases, there needed to be provocation. The killing would have occurred in the heat of the moment. Also, the provocation would have caused an ordinary person to lose self-control. The provocation also needs to be sudden, significant, and without time for the offender to regain composure.
Involuntary Manslaughter
By contrast, involuntary manslaughter doesn’t include an intention to cause serious harm. Instead, the death was caused by reckless or negligent behaviour. The offender engaged in actions which created an unreasonable risk of harm to others.
Perhaps the best example of this is someone driving under the influence who killed a passenger or pedestrian. Other examples can include reckless handling of a firearm, workplace accidents due to negligence, or leaving a child unattended.
In all these situations, the offender has made a significant departure from the standard care a reasonable person would have given. While they didn’t intend to harm others, the death was directly caused by their reckless or negligent actions.
Mens Rea
Mens rea is the legal term for the intention of wrongdoing when committing a crime. For murder, the offender must have had a specific intent to kill or cause grievous bodily harm. With manslaughter, no such intention exists.
Sentencing for Manslaughter in Canada
The sentencing for manslaughter can vary wildly based on the circumstances. There is no minimum sentence for manslaughter and the maximum sentence is life in prison. Therefore, it’s extremely hard to predict the sentence that someone may receive.
One exception to sentencing is a four-year minimum if a firearm was involved. Some of the factors that can influence sentencing include the degree of recklessness, level of provocation, use of a weapon, and prior convictions.
Judges will consider these factors along with the circumstances of the crime, level of responsibility, and mitigating circumstances. It’s a general rule of thumb, but cases with little malice or a lower level of recklessness usually have more lenient sentences.
The Role of a Defence Lawyer in Manslaughter Cases
The crime of manslaughter relies hugely on the state of mind of the offender when they committed the crime. The homicide defence lawyer will often cast doubt on issues of intent or causation to achieve the best possible outcome for their client.
They will also ensure the rights of the accused are protected throughout the legal process. Added to this, they will provide legal advice, represent the accused in court, and build a defence strategy. This will ensure the accused receives a fair trial.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
Final Thoughts
Manslaughter is a complex area of law. At its basic level, it distinguishes between the intention and unintentional killing of a person. It’s these unintentional factors and lack of intent that set it apart from murder.
With both voluntary and involuntary manslaughter, it’s vital to understand the alleged offender’s mental state. If you’re looking for experienced legal representation, then call AGP LLP today. We will be happy to give you a consultation and see how we can represent you.
