Murder and Manslaughter
Murder and Manslaughter
Murder is perhaps the most serious offence one can commit. The Prosecution establishes this charge when someone has intentionally caused the death of another person. In Canada, we have 1st or 2nd degree murder and Manslaughter. The prosecutors must prove that the murder was planned and intentional to make out 1st degree murder. 2nd degree murder is slightly less severe.
Manslaughter is a crime of passion and arises when someone was involved in the causation of the death of another. If it is difficult to establish an accused’s intent regarding the death of an individual but the accused was involved in the causation of that death, then the charge of murder is often dropped to manslaughter making it easier for the prosecution to prove their case. Courts closely examine the relationship between the accused and victim. For example, the classic Manslaughter example if when somebody finds their romantic partner unexpectedly in bed with another, and in a fit of rage, beath that person to death in a fit of passion. In this kind of situation, the ‘murder’ was not planned, therefore the charge of Manslaughter would arise.
Someone can be liable to be charged with attempted murder if the prosecution proves that they intended to cause the person’s death and made some action towards bringing about this goal. Liability can still be established even if it was impossible to execute the planned murder. It is the intent and action that the Courts examine.
The sentence for a 1st or 2nd degree murder is automatically life in jail.
A manslaughter conviction depends on the circumstances but can also be up to life in jail.
The Lawyers at East Law have successfully defended numerous Murder cases. When the stakes are high, we understand that however many hours of work required, however many sleepless nights conducting research are needed to perfect an argument, at East Law we will put in the work. Hard work, at the end of the day, wins out no matter what.
A free consultation with me is the best way to start. We will sit down and review your file. We will talk about the courses of action we can take, the likely outcomes, and of course – the best path forward.
ABOUT JOHN EAST
B.A. (Hons), M.A., J.D.
John East lives for a fight. He is not afraid to throw a punch and is certainly not afraid to take a punch. He then became a Criminal Defence Lawyer. Having spent many years working on a farm, John East understands that hard work is what wins out at the end of the day. He applies this motto to every case that he defends, no matter what.
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