Homicide Homicide NonculpableCulpable Murder First Degree Second Degree ManslaughterInfanticide

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

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

Murder s.229 Culpable homicide is murder s.229 Culpable homicide is murder (a) where the person who causes the death of a human being (a) where the person who causes the death of a human being (i) means to cause his death, or (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; (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 (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

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) 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… Various serious violent crimes… Ex. Many violent offences (ex. Hijacking, sexual assault, kidnapping, terrorism, explosion in association with a criminal organization) Ex. Many violent offences (ex. Hijacking, sexual assault, kidnapping, terrorism, explosion in association with a criminal organization)

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

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 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 3 rd party or causing bodily harm, aggravated sexual assault, kidnapping and forcible confinement, or hostage taking s.231(5) Hijacking an aircraft, sexual assault, sexual assault with a weapon, threats to a 3 rd 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(6.01) Murder during a terrorist activity s.231(6.1) Murder while using explosives in association with a criminal organization s.231(6.1) Murder while using explosives in association with a criminal organization

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

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