1. HOMICIDE

2. Culpable Homicide
cause the death of a human being
Murder
Manslaughter
Infanticide
Non culpable homicide
eg.
1) complete accident
2) justified
not an offence

3. Infanticide
Read section 233

4. 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)

5. 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)

6. 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

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

8. 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)

9. 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

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

11. Punishment
Indictable
Up to life