Law 12
MUNDY 2008
 Homicide: death of a human being by another
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wrongfully
Murder can be either CULPABLE or NON-CULPABLE
NON-CULPABLE murder means the accused is not
blameworthy, i.e. – accident or self-defence;
NON-CULPABLE MURDER IS NOT AN OFFENCE
CULPABLE murder means the accused is blameworthy
 Murder is subdivided into 6 crimes:
 1st degree murder
 2nd degree murder
 Manslaughter
 Infanticide
 Attempted murder
 Accessory to murder
 Planned and deliberate
 When the victim is a peace officer (police, etc.)
 Committed during the commission of a sexual assault,
hostage taking or kidnapping
 Committed during commission of unlawful act using
explosives
 Committed for purpose of organized crime/gang
 Committed for purpose of terrorism
1st degree murder carries a life-imprisonment sentence
with no chance for parole for 25 years
 Any other intentional murder not defined as 1st degree
murder
 2nd degree murder carries a life-imprisonment
sentence with no chance for parole for 10 years
 Although not defined in the Canadian Criminal Code,
 generally understood to be the unlawful killing of a
person (due to an unlawful act) without malice, either
voluntary or by sudden impulse
 A person charged with murder may have their charges
reduced to manslaughter if they successfully use the
defences of intoxication or provocation
 The killing of a newborn by his or her mother
 Charge means accused is suffering under effects of
depression or mental disturbance from childbirth
 Maximum sentence is 5 years
 It is illegal to counsel, advise or assist someone in the
commission of suicide
 Euthanasia, also known as ‘mercy killing’,
subcategorized as either voluntary (person with
terminal cancer has expressed wish to die) or
involuntary (cancer patient in coma)
 All are considered homicides, although compassion is
given to situations involving elderly, disabled spouses
 Exception is for patients who refuse treatment for an
illness
 Patient in this case must be of “sound mind”
 In other cases, if patients cannot give directive to
refuse treatment, medical professionals or legal
guardians make judgement based on medical ethics
guidelines
 Three levels of assault:
 Assault – 1st level: least severe
 Assault causing bodily harm – 2nd level: more severe
 Aggravated assault – 3rd level: most severe
 Consists of:
 Applying intentional force to another person, either
directly or indirectly, without that person’s consent
 Attempting or threatening, by act or a gesture, to apply
force
 Approaching or blocking the way of another person, or
begging, while openly wearing or carrying a weapon or
an imitation of a weapon
 Does not involve harmful words alone – words must be
accompanied by gestures, such as holding up a fist
 Victim can be unaware of assault – person throws a
knife at victim and misses is still assault
 Assault not considered for persons engaging in
consentual sports, such as boxing or wrestling
 Committed while committing assault when a weapon
is carried, used or threatens to use a weapon or an
imitation of a weapon
 Committed also when assault results in bodily harm
 “Bodily harm” = anything that interferes with the
victim’s health or comfort in more than a trifling way
 Committed when accused maims, wounds, disfigures
or endangers the life of the victim
 Mens rea needed is that accused intended to commit
bodily harm, but does not require intent to maim,
wound, disfigure or endanger the life of victim
 Consent tends not to be considered a valid defence in
this most severe type of assault