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Homicide

Homicide. Homicide. S.222(1)-(3) non culpable homicide – accidental death and not negligent

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Homicide

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  1. Homicide

  2. Homicide • S.222(1)-(3) non culpable homicide – accidental death and not negligent • s.222(4) culpable homicide – occurs when someone causes the death of another person, as in murder, manslaughter, or infanticide & there was intent to cause the death, or such recklessness that the actions of the accused were likely to cause another person’s death

  3. Culpable Homicide • s.222(4) Culpable homicide is murder or manslaughter or infanticide • s.222(5) A person commits culpable homicide when he causes the death of another human being • (a) by means of an unlawful act; • (b) by criminal negligence; • (c) by threats or fear of violence to do something causing their death; or • (d) by wilfully frightening that human being, in the case of a child or sick person

  4. Murder • s.229 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 ensures or not; • (b) where the person meant to cause the death or harm that would likely cause death to one person and by accident or mistake did it to someone else

  5. Culpable Homicide • s.230 Culpable Homicide is murder where a person causes the death of another human being while committing (whether or not they meant to cause death) • Various serious violent crimes… • Ex. Many violent offences (ex. Hijacking, sexual assault, kidnapping, terrorism, explosion in association with a criminal organization)

  6. Murder • s.231(1) Murder is first degree murder or second degree murder • s.231(2) Murder is first degree murder when it is planned and deliberate • s.231(3) Contract murder is first degree murder • s.231(4) Killing a peace officer is first degree murder

  7. First Degree Murder • s.231 Even if not planned & deliberate, murder is first degree, if the death is caused while committing, or attempting to commit: • s.231(5) Hijacking an aircraft, sexual assault, sexual assault with a weapon, threats to a 3rd party or causing bodily harm, aggravated sexual assault, kidnapping and forcible confinement, or hostage taking • s.231(6.01) Murder during a terrorist activity • s.231(6.1) Murder while using explosives in association with a criminal organization

  8. Second Degree Murder • s.231(7) All murder that is not first degree murder is second degree murder

  9. Infanticide/Manslaughter • s.233 of Criminal Code • Person committing must be female • Willful act or omission • Causes the death of her new-born child • The mother must be suffering from post-partum depression • s.234 Culpable homicide that is not murder or infanticide is manslaughter

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