Murder is categorized under the Criminal Code as culpable homicide that is classified either as first or second degree murder, depending on the circumstances surrounding the act. 

Murder: Criminal Code Definition

According to section 229 of the Criminal Code, culpable homicide is murder

(a) where the person who causes the death of a human being

(i) means to cause his death, or

(ii) means to cause him bodily harm that he knows is likely to cause his death,

and is reckless whether death ensues or not;

(b) 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

(c) 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.

Types of Murder

First Degree Murder: Classified as first degree when it is planned and deliberate.

Second Degree Murder: Any murder that is not first degree is considered second degree murder.

Have you been charged with murder? Don’t face it alone. Call (306) 994-9522 for a free consultation with a criminal lawyer.

Offences Similar to Murder

Manslaughter and Infanticide: Manslaughter involves unintentional death due to negligence or reckless behavior, whereas infanticide concerns a mother causing the death of her newborn under the influence of the effects of childbirth or breastfeeding.

Penalties and Consequences for Murder

Murder is treated as an indictable offence with no option for a lesser summary conviction. 

First Degree Murder: Mandatory life imprisonment with no parole eligibility for 25 years.

Second Degree Murder: Life imprisonment with a parole ineligibility period ranging from 10 to 25 years, depending on the circumstances.

Indictable Dispositions Available for Murder

  • Imprisonment

Aggravating Factors

  • Use of a weapon
  • Premeditation
  • Victim’s characteristics
  • Impact on victim’s family
  • Relation to victim
  • Participation in a criminal organization

Legal Process and Rights of those Accused of Murder

Individuals accused of murder have the right to a preliminary inquiry to determine if sufficient evidence exists to proceed to trial. This is a complex process often involving a jury, underscored by stringent bail considerations due to the gravity of the offence.

Are you facing murder charges? A skilled defence lawyer can critically affect the outcome of your case. Call (306) 994-9522 today for a free consultation.

Potential Defences Against Murder

Defences against murder charges can include proving lack of intent, accidental death under lawful circumstances, or acting under provocation. These require a deep understanding of legal intricacies, making it essential to have experienced legal representation.

Don’t Face Your Murder Charge Alone

An experienced criminal defence lawyer is essential when facing a murder charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your murder case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with murder. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.

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