Chapter 8 – Crime and Criminal Law Unit 3 – Criminal Law Homicide

Learning Goal for Today By the end of the lesson(s), students will be able to apply the homicide sections of the code to different hypothetical situations By the end of the lesson(s), students will be able to apply the homicide sections of the code to different hypothetical situations

Expectations Expectations By the end of this lesson, students will: By the end of this lesson, students will: …compare summary, hybrid, and indictable offences as they relate to criminal law

Agenda Homicide Homicide

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 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

Manslaughter s.234 Culpable homicide that is not murder or infanticide is manslaughter s.234 Culpable homicide that is not murder or infanticide is manslaughter

Punishments s.235(1) – First or Second Degree murder – indictable offence - minimum life in prison s.235(1) – First or Second Degree murder – indictable offence - minimum life in prison s.236 – Manslaughter – indictable - where firearm used, minimum 4 years to life, otherwise, no minimum to life s.236 – Manslaughter – indictable - where firearm used, minimum 4 years to life, otherwise, no minimum to life s.237 – Infanticide – indictable - prison not exceeding 5 years s.237 – Infanticide – indictable - prison not exceeding 5 years

Scenario 1 A law is passed to give animals all of the rights of a human being. Little Red Riding Hood “LRRH” is attacked by The Big Bad Wolf “BBW” who wants to eat her for dinner (after killing her of course). Unknown to the BBW, LRRH knows Wolf Karate and beats up the BBW. With her foot on the Wolf’s throat, LRRH, after some thought, decides to take out the BBW (i.e. kill him) so that other little children won’t be threatened by the BBW any more. So, after some thought, LLRH crushes the BBW’s throat, killing him.

Scenario 2 A married lady, Wanda, is tired of her husband Keith playing video games all the time instead of spending time with her. One day, Wanda decides that she is going to commit the perfect murder, killing Keith. She wires up the video game to deliver a lethal shock. Her husband turns on the game the next day and is killed instantly.

Scenario 3 Lucy adopted a baby 2 months ago. Before and after the baby was adopted, she was very depressed because she couldn’t conceive a baby naturally. Her doctor says that this caused post-adoption depression. One day, Lucy is so sad that she decides to kill the baby so it won’t ever be hurt by the tough world. She smothers the baby with a pillow. Her husband comes home and finds her cradling her dead baby in her arms.

Scenario 4 4. Matthew and Luke are at a church Bazaar. Matthew spills Eggnog on Luke by accident. Luke gets very angry at Matthew and calls him a jerk. Matthew feels very provoked and suddenly loses his temper. Without thinking, Matthew picks up his desert fork and swings it madly at Luke’s throat. Instead of hitting Luke, the fork hits Father O’Malley in the neck, killing him instantly.

Comic

Comic