Homicide Lawyers

What is Homicide?

Homicide is the act of taking another person’s life, directly or indirectly. Homicide is either legally blameworthy or not — culpable or not culpable. Reflecting the alleged offender’s level of responsibility in causing the death, subcategories of culpable homicide include first-degree murder, second-degree murder, manslaughter and infanticide. Non-culpable homicide, like a killing in self-defence, is not considered a criminal offence.

First-Degree Murder

First-degree murder is both deliberate and premeditated. That is, it must be both purposeful and intentional, and planned and conceived of beforehand. Regardless of whether deliberate or premeditated, murdering a police officer, murdering someone in the commission of an offence, like sexual assault, robbery or kidnapping, and murders committed at the behest of criminal organizations are always first-degree murder. A first-degree murder conviction carries a manditory sentence of life imprisonment.

Second-Degree Murder

Second-degree murder describes any homicide that is not first-degree murder. While always deliberate, second-degree is not premeditated. Murder of a police officer, murder for hire, and murder committed during a seperate offence are always raised to first-degree murder, even when not premeditated. A second-degree murder conviction carries a manditory sentence of life imprisonment.

Manslaughter

Manslaughter describes any homicide that is not first- or second-degree murder. Neither deliberate nor premeditated, manslaughter is a murder that happens a result of a criminal act. Criminal negligence causing death and unlawful act manslaughter are the two most common forms of manslaughter. A manslaughter conviction carries a maximum penalty of life imprisonment.

Infanticide

Infanticide is the killing of a baby less than 12 months old by their mother. As the mother must be mentally disturbed from the effects of giving birth, infanticide can only be committed by mothers, not fathers. Infanticide carries a maximum sentence of five years’ imprisonment. Penalties are usually geared towards helping the mother, not punishment.

Homicide in the Criminal Code of Canada

Homicide

222(5) A person commits culpable homicide when he causes the death of a human being, 

1. by means of an unlawful act;
2. by criminal negligence;
3. by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
4. by wilfully frightening that human being, in the case of a child or sick person.

First-Degree Murder

Classification of murder

231 (1) Murder is first degree murder or second degree murder.

Planned and deliberate murder (2) Murder is first degree murder when it is planned and deliberate.

Contracted murder (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

Murder of peace officer, etc. (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is

1. a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
2. a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
3. a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

Hijacking, sexual assault or kidnapping (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

1. section 76 (hijacking an aircraft);
2. section 271 (sexual assault);
3. section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
4. section 273 (aggravated sexual assault);
5. section 279 (kidnapping and forcible confinement); or
6. section 279.1 (hostage taking).

Criminal harassment (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

Murder — terrorist activity (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

Murder — criminal organization (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

1. the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or
2. the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

Intimidation (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

Second degree murder

(7) All murder that is not first degree murder is second degree murder.

Second-Degree Murder

229 Culpable homicide is murder

1. where the person who causes the death of a human being
   1. means to cause his death, or
   2. means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
2. where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
3. if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.

Infanticide

233 A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

Manslaughter

234 Culpable homicide that is not murder or infanticide is manslaughter.

Learn About Homicide

• What is Homicide?
  • First-Degree Murder
  • Second-Degree Murder
  • Manslaughter
  • Infanticide
• Homicide in the Criminal Code of Canada