1. Canadian Criminal Code Part I Violent Crimes

2. MURDER Homicide: death of a human being by another wrongfully
Murder can be either CULPABLE or NON-CULPABLE
NON-CULPABLE murder means the accused is not blameworthy, i.e. – accident or self-defence;
NON-CULPABLE MURDER IS NOT AN OFFENCE
CULPABLE murder means the accused is blameworthy

3. MURDER Murder is subdivided into 6 crimes: 1st degree murder
2nd degree murder
Manslaughter
Infanticide
Attempted murder
Accessory to murder

4. 1st DEGREE MURDER Planned and deliberate
When the victim is a peace officer (police, etc.)
Committed during the commission of a sexual assault, hostage taking or kidnapping
Committed during commission of unlawful act using explosives
Committed for purpose of organized crime/gang
Committed for purpose of terrorism
1st degree murder carries a life-imprisonment sentence with no chance for parole for 25 years

5. 2ND DEGREE MURDER
Any other intentional murder not defined as 1st degree murder
2nd degree murder carries a life-imprisonment sentence with no chance for parole for 10 years

6. MANSLAUGHTER Although not defined in the Canadian Criminal Code,
generally understood to be the unlawful killing of a person (due to an unlawful act) without malice, either voluntary or by sudden impulse
A person charged with murder may have their charges reduced to manslaughter if they successfully use the defences of intoxication or provocation

7. INFANTICIDE The killing of a newborn by his or her mother
Charge means accused is suffering under effects of depression or mental disturbance from childbirth
Maximum sentence is 5 years

8. SUICIDE AND EUTHANASIA
It is illegal to counsel, advise or assist someone in the commission of suicide
Euthanasia, also known as ‘mercy killing’, subcategorized as either voluntary (person with terminal cancer has expressed wish to die) or involuntary (cancer patient in coma)
All are considered homicides, although compassion is given to situations involving elderly, disabled spouses

9. SUICIDE AND EUTHANASIA
Exception is for patients who refuse treatment for an illness
Patient in this case must be of “sound mind”
In other cases, if patients cannot give directive to refuse treatment, medical professionals or legal guardians make judgement based on medical ethics guidelines

10. ASSAULT Three levels of assault: Assault – 1st level: least severe
Assault causing bodily harm – 2nd level: more severe
Aggravated assault – 3rd level: most severe

11. ASSAULT
Consists of:
Applying intentional force to another person, either directly or indirectly, without that person’s consent
Attempting or threatening, by act or a gesture, to apply force
Approaching or blocking the way of another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon

12. ASSAULT
Does not involve harmful words alone – words must be accompanied by gestures, such as holding up a fist
Victim can be unaware of assault – person throws a knife at victim and misses is still assault
Assault not considered for persons engaging in consentual sports, such as boxing or wrestling

13. ASSAULT CAUSING BODILY HARM
Committed while committing assault when a weapon is carried, used or threatens to use a weapon or an imitation of a weapon
Committed also when assault results in bodily harm
“Bodily harm” = anything that interferes with the victim’s health or comfort in more than a trifling way

14. AGGRAVATED ASSAULT
Committed when accused maims, wounds, disfigures or endangers the life of the victim
Mens rea needed is that accused intended to commit bodily harm, but does not require intent to maim, wound, disfigure or endanger the life of victim
Consent tends not to be considered a valid defence in this most severe type of assault