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 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)

1st degree 2nd degree Murder that is not 1st degree 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)

Punishment Indictable 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

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

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)

2) Unlawful Act Manslaughter s.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

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

Punishment Indictable Up to life