Murder is undoubtedly one of the most serious offences in the Criminal Code. Faced with the seriousness of such an accusation, choosing the right legal representation can make all the difference. Murder requires advanced legal expertise and a rigorous defense.
We’ll explore the legal intricacies of murder, from the building blocks to the various degrees of the offence, to show you why it’s crucial to have a skilled and dedicated criminal lawyer on your side who can navigate the complexities of the law to protect your rights and your future.
Murder
Murder falls under the category of homicide offences, that is, those where one person causes the death of another person. However, homicide is not necessarily murder. The onus will be on the prosecution to prove beyond a reasonable doubt the elements of the offence of murder, namely the actus reus (physical element) and the mens rea (mental element).
Actus reus
The prosecution will have to prove that the unlawful act, which is an offence under a provincial or federal law, was committed and that the act resulted in death.
Mens rea
The prosecution will have to prove that the accused, in committing the act, had either:
- Intent to cause death;
- The intent to cause bodily harm which she knew was likely to cause death, and was immaterial whether death ensued or not.
It is this intent that will differentiate murder from other homicides: a murder cannot be committed by negligence or accident. In addition, it is important to note that one who intended to commit murder and by accident or mistake causes the death of the wrong person will also be convicted of murder.
Categories of Murder
There are two categories of murder: first-degree murder and second-degree murder.
First-degree murder
In order for murder to qualify as first degree murder, it must have been premeditated and deliberate. Premeditation means that the accused must have weighed and considered the consequences of his or her actions. Deliberate intent means that the murder must have been done in a thoughtful manner, not impulsively.
The commission of certain specific offences involving murder will automatically be treated as first-degree murder. These will be the case, for example, with the murder of a police officer, sexual assault, kidnapping and kidnapping, and hostage-taking. This will also be the case for murder in conjunction with criminal harassment, an offence of intimidation or in connection with a criminal organization.
Second Degree Murder
All non-first-degree murders will automatically be classified as second-degree. These are the murders for which the prosecution has not been able to prove premeditation and deliberate intent beyond a reasonable doubt.
Sentence
The offence of murder is one of the most serious offences, and therefore carries more serious penalties.
The penalty for murder is life imprisonment. For first-degree murder, the accused will be eligible for parole after serving 25 years. For second-degree murder, he will be sentenced after serving between 10 and 25 years.
Attempted murder
Every person who, by any means, attempts to commit murder is guilty of an indictable offence under section 239 of the Criminal Code. This is called attempted murder: the accused commits an unlawful act with intent to kill another person or cause bodily harm causing death, but the act does not succeed. Therefore, the accused must have gone beyond the mere stage of preparation and committed concrete acts in order to be considered attempted murder.
The prosecution will have to prove beyond a reasonable doubt that the accused intentionally attempted to kill another person and that in doing so, he was aware of his actions.
Sentence
The maximum penalty for attempted murder is life imprisonment.
There is no minimum sentence, except in certain cases: if there is the use of a firearm During the commission of the offence and it is perpetrated under the direction of a criminal organization, the minimum penalty will be 5 years, and 7 years for a repeat offence. In other cases where a firearm is used, the minimum penalty of imprisonment will be 4 years.
Facing a murder charge is daunting and can be overwhelming. However, understanding the different nuances of the law and the defenses available is the first step toward an effective defense.
At Lambert Lawyers, we are committed to providing top-notch legal representation, armed with a deep knowledge of criminal law and a passion for defending our clients’ rights. If you or a loved one is facing such a situation, please do not hesitate to contact us.