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HOMICIDE

HOMICIDE. Culpable Homicide cause the death of a human being Murder Manslaughter Infanticide. Non culpable homicide eg. 1) complete accident 2) justified not an offence. Infanticide. Read section 233. Murder s. 229. A.R. Causes death of a human being

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HOMICIDE

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  1. HOMICIDE

  2. Culpable Homicide cause the death of a human being Murder Manslaughter Infanticide Non culpable homicide eg. 1) complete accident 2) justified not an offence

  3. Infanticide • Read section 233

  4. Murder s. 229 • A.R. Causes death of a human being • M.R. means to cause death means to cause bodily harm that he knows is likely to cause death transferred malice means to carry out an unlawful object that he knows is likely to cause death (subjective test)

  5. Planned and deliberate Consideration pursuant to a procuring Victim is a law enforcement officer Committed during: - hijacking - sexual assault - kidnapping - etc. see s. 231 Murder that is not 1st degree In other words normal intent (spontaneous) 1st degree 2nd degree

  6. 1st degree Minimum life Eligible for parole* after 25 years * Faint hope s. 745 A convicted murderer is on parole for the rest of his or her life 2nd degree Minimum life Eligible for parole after 10 years PunishmentIndictable

  7. Manslaughter • A.R. Cause death, that is not murder or infanticide • M.R. General intent

  8. Section 232 • Murder can be reduced to manslaughter if committed in the heat of passion caused by sudden provocation This is sometimes called voluntary manslaughter There are two tests: 1) Would an ordinary person have lost self control? (Objective test) 2) Presuming 1) Did the accused act upon the provocation before his /her passion was able to cool off? (Subjective test)

  9. 2) Unlawful Act Manslaughters.222(5) • Means to carry out an unlawful act that he ought to know is likely to cause death • Combine s. 222(5) and s. 234 • Involuntary manslaughter • Objective test

  10. Drunkenness • Intoxication can reduce murder to manslaughter • Murder is a specific intent offence – while manslaughter only requires general intent

  11. Punishment • Indictable • Up to life

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