HOMICIDE OFFENCES
In Canada, Homicide Offences are outlined in Sections 220 – 240 of the Criminal Code of Canada.
Homicide
Homicide may or may not be a crime. Homicide that is caused truly accidentally or in lawful self-defence is not a crime. Homicide that is a crime, is defined as culpable homicide. Culpable homicide is murder or manslaughter or infanticide (Criminal Code of Canada s. 222(4)). Murder occurs when the death is caused with intent to kill or to cause bodily harm that is known to be likely to cause death (s. 229).
Manslaughter
Manslaughter occurs when the death is caused unlawfully but without intent to kill or to cause bodily harm that is known to be likely to cause death. Infanticide occurs when a female person causes the death of a newborn when she is not fully recovered from the effects of childbirth and her mind is disturbed as a result of those effects (s. 233). Homicide as a result of criminal negligence is also culpable (s. 220).
Murder
Murder can be either first-degree murder or second-degree murder (s. 231). For both levels of murder, the minimum sentence is life imprisonment. A person convicted of first-degree murder is not entitled to parole for at least twenty-five years (s. 745(a)). A person convicted of second-degree murder is not entitled to parole for a period of between ten and twenty-five years, that period to be specified by the sentencing judge (s. 745(b)).
First-Degree Murder
First-Degree-Murder is murder that is planned and deliberate, by contract, results in the death of a peace officer, occurs in the course of an aircraft hijacking, sexual assault, kidnapping, hostage taking, criminal harassment, intimidation, for the benefit of a criminal organization or in the course of terrorist activity (s. 231 (2)—231 (6.2)).
Second-Degree Murder
Second-Degree Murder is any murder that is not classified as first-degree murder (s. 231 (7)).
David G. Bayliss has conducted numerous homicide trials with a high degree of success. See successes Homicide Offences.
