Murder in Canada

Murder is the act of killing someone unlawfully and with malice aforethought. Murder can occur intentionally and unintentionally depending upon the situation and the people involved. There are various kinds of murder around the globe.

The types of murder in Canada include: First and Second Degree Murder, Manslaughter or Third Degree Murder includes Unlawful Act and Criminal Negligence, which includes Vehicular Manslaughter in Canada, and Infanticide.

Different Types of Murder in Canada

Depending on the situation and how the murder was commited, there could be a few possibilities in labeling the murder type. Here, we have briefly discussed the different types of murders or homicides in Canada.

First Degree Murder

First-degree murder equates to premeditated murder. In the cases of first-degree murder, the murderer planned the entire scenario before committing the deed. There are four forms of first-degree murder: Planned and Deliberate, Killing someone in the act of terrorism, Killing police or correctional officers, and Killing during sexual harassment, kidnapping, hijacking, or criminal harassment.

According to the Canadian criminal code, the punishment for first-degree murder is life imprisonment, and the criminal will not be eligible for parole for 25 years.

Second Degree Murder

Second Degree Murder occurs when someone intentionally wants to harm an individual, which eventually results in death. The murder, unlike first-degree murder, is not planned. The murderer does not prepare the murder beforehand but does cause severe bodily harm and damage that inevitably results in death.

For a murder to be ruled as second-degree murder, the case must meet specific criteria. These include felony murder, intentional murder with a lack of planning, causing severe physical injury deliberately, and unsympathetic towards human life.

The sentence for second-degree murder differs according to the severity of the murder committed. The punishment varies according to the type of murder and the situation that resulted in the murder. According to the criminal code, a criminal of second-degree murder is given a sentence of at least 10 to 25 years.

Third Degree Murder or Manslaughter

Third Degree Murder, also known as Manslaughter, is the murder that is committed unintentionally or accidentally. There are two forms of third-degree murder: Unlawful act or Criminal negligence.

Criminals who commit third-degree murder are sentenced to a minimum of four years of imprisonment and a maximum of life imprisonment. The verdict is given according to the severity of the situation. If a firearm is involved, then a penalty of 4 to 7 years is included.

Unlawful Act

A murder is labeled as an unlawful act when the defendant intentionally harms the other person physically without the motive of committing murder. It is done without malicious intent, and the murder occurs unexpectedly. The penalty of the unlawful act is equivalent to the one mention above.

Criminal negligence

This type of murder occurs when the defendant kills someone accidentally due to reckless or impulsive behavior. In Canada, criminal negligence murder is considered a third-degree felony and given the penalty mentioned above.

One common type of criminal negligence is vehicular Manslaughter.

Vehicular Manslaughter

Vehicular Manslaughter is the act of murder that happens as a result of road accidents. It is proven to be the most common type of Manslaughter amongst all three. According to general statistics, about 1.68 per 100 000 people die from road accidents in Canada.

Contrary to popular belief, not all road or motor vehicle accidents are considered murder. In Canada, a road accident is deemed to be vehicular Manslaughter only if specific criteria are met and occurred during the accidents. If so, then it is called Negligent Driving.

Here is a list of issues that might result in Negligent Driving:

  1. Not respecting the traffic laws
  2. Not obeying signs
  3. Not paying attention while driving
  4. Driving drowsily and unsafely
  5. Not driving in a suitable physical and mental state
  6. Illegal races
  7. Using phone and driving
  8. Driving under the influence of alcohol
  9. Speeding
  10. Escaping from a crime scene of the police
  11. Changing radio stations while driving
  12. Eating and driving

The punishment for vehicular Manslaughter is a fine ranging from $2000 to $50,000 and two years jail time.

Infanticide

Infanticide is the act of killing a newborn child by its mother. From the moment they are considered an individual being, after their birth, taking the child’s life intentionally or due to recklessness and carelessness is labeled as infanticide.

The female criminal who commits this crime is sentenced to imprisonment for at most five years. Anybody who neglects or aid in concealing the child’s body is also considered a culprit and will be given a penalty of 2 years.

To Conclude

The types of murder mentioned above are considered serious homicide in Canada and can result in various forms of punishment and other penalties depending upon the case’s harshness. The sentences and verdicts can vary depending upon the case’s external and internal factors and the defendant’s personal history and past criminal records.

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