Homicide

It includes offences such as first-degree murder, second degree murder, attempted murder, manslaughter, and criminal negligence causing death.

The difference between each charge can be divided into two different categories: what needs to be proven for a finding of guilt and what kind of sentence a person will receive if found guilty.

Murder represents the most serious possible crime someone can be charged with. First degree murder can result in a life sentence. First degree murder requires the Prosecution to prove multiple elements, some of which are “planning” and “deliberation”.

When it comes to defending a homicide charge there are two types of categories of defence: complete defences and partial defences. Each defence can only be raised in a particular set of circumstances and require certain factors to exist. Each defence has specific requirements that must be satisfied in order to be successful.

When a ‘complete defence’ is successfully argued and accepted this means the accused person will be not guilty. In other words, the individual will be acquitted of the criminal charges. Two common defences argued in the context of homicide are self-defence and mental disorder.

Self-defence means that the accused carried out the crime in order to protect themselves, another person or in some circumstances to protect their protect. Further, Criminal Code of Canada provides a defence of “mental disorder”. In order to access to the defence, it must be established that the accused has a “disease of the mind”.

A successful partial defence operates to reduce the charge, even though the accused has been found guilty. Provocation operates as a partial defence and if successful reduces a charge of murder to manslaughter. This has significant and practical implications on the sentence someone will receive.