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Murder, Attempted Murder, and Manslaughter

Murder is a serious offence under the Criminal Code of Canada. Governed primarily by sections 229 to 231 of the Criminal Code of Canada, it involves the intentional killing of another person or causing bodily harm likely to result in death, with specific mental states distinguishing it from other homicide offences.
Murder is classified into first degree, second degree, and manslaughter each carrying severe penalties and reflecting the gravity of unlawfully taking a life.
Classifications of Murder
First Degree Murder – Section 231(2) to Section 231(6):

Planned and Deliberate: The killing was premeditated and intentional.

(i) Hijacking, sexual assault, or kidnapping.

(ii) Crimes involving organized crime or terrorism.

(iii) Killing a peace officer acting in their duties.

(iv) Contract killings: Murders committed for hire or financial benefit.

(v) Killing while committing another murder: A second killing during or after a prior
murder.

Second Degree Murder – Section 231(7)

All murders that do not meet the criteria for first-degree murder. Involves intent to kill or cause
bodily harm likely to result in death but lacks planning and/or deliberation or the specific
circumstances of first-degree murder.

Manslaughter – Section 234

Any culpable homicide not meeting the criteria for murder is manslaughter. Since murder involves
intentional killing, any murder committed without the intent to kill is manslaughter. Some common
types of manslaughter include unlawful act manslaughter and manslaughter by criminal
negligence.

Attempt to Commit Murder – Section 239(1)

Attempted murder is an indictable offence where an individual attempts, by any means, to commit
murder with the specific intent to kill. The Crown must prove beyond a reasonable doubt the
accused is the person who committed the act, the accused had a subjective intent to kill, not just
to injure or act recklessly, and the accused took a direct step toward killing, beyond mere
preparation.

Defences for Murder and Murder Related Offences
Some defences include, but are not limited to, factual innocence, self-defence, provocation, mental disorder, and automatism.
  • Factual Innocence: The Crown bears the burden to prove the essential elements of the offence. If the Crown fails to satisfy the elements of the specific offence, this may lead to an acquittal for the accused.
  • Self-Defence: The accused must show they acted to protect themselves or others from a reasonable threat of death or serious harm.
  • Provocation: Partial defense reducing murder to manslaughter if the accused was provoked to lose self-control in an unexpected way.
  • Mental Disorder: Being not criminal responsible (NCR) may result in treatment rather than imprisonment. The accused will still be guilty of the act, but would have lacked the required mental intention.
  • Automatism: In some circumstances, automatism can be claimed as a defence. Automatism refers to a state of impaired consciousness where a person performs actions without conscious control.
If you require legal assistance for murder related offences, please contact us now for a confidential consultation.

The Difference Between Murder and Manslaughter

Murder and manslaughter are both forms of culpable homicide under the Criminal Code of Canada. Murder and manslaughter differ primarily in the mental state, known as the mens rea, of the accused and the circumstances surrounding the killing. Both offences involve causing the death of another person, but murder requires a higher degree of intent or recklessness, while manslaughter involves less culpable intent or results from unlawful acts without the specific intent to kill.
Classifications of Murder
First Degree Murder – Section 231(2) to Section 231(6):

Planned and Deliberate: The killing was premeditated and intentional.

Circumstances: The killing occurs during the commission of certain offences, such as.

> Hijacking, sexual assault, or kidnapping.

> Crimes involving organized crime or terrorism.

> Killing a peace officer acting in their duties.

> Contract killings: Murders committed for hire or financial benefit.

> Killing while committing another murder: A second killing during or after a prior
murder.

Second Degree Murder – Section 231(7)
All murders that do not meet the criteria for first-degree murder. Involves intent to kill or cause bodily harm likely to result in death but lacks planning and/or deliberation or the specific circumstances of first-degree murder.
Manslaughter – Section 234
Any culpable homicide not meeting the criteria for murder is manslaughter. Since murder involves intentional killing, any murder committed without the intent to kill is manslaughter. Some common types of manslaughter include unlawful act manslaughter and manslaughter by criminal negligence.
Attempt to Commit Murder – Section 239(1)
Attempted murder is an indictable offence where an individual attempts, by any means, to commit murder with the specific intent to kill. The Crown must prove beyond a reasonable doubt the accused is the person who committed the act, the accused had a subjective intent to kill, not just to injure or act recklessly, and the accused took a direct step toward killing, beyond mere preparation.

Defences for Murder and Murder Related Offences

Some defences include, but are not limited to, factual innocence, self-defence, provocation, mental disorder, and automatism.
  • Factual Innocence: The Crown bears the burden to prove the essential elements of the offence. If the Crown fails to satisfy the elements of the specific offence, this may lead to an acquittal for the accused.
  • Self-Defence: The accused must show they acted to protect themselves or others from a reasonable threat of death or serious harm.
  • Provocation: Partial defense reducing murder to manslaughter if the accused was provoked to lose self-control in an unexpected way.
  • Mental Disorder: Being not criminal responsible (NCR) may result in treatment rather than imprisonment. The accused will still be guilty of the act, but would have lacked the required mental intention.
  • Automatism: In some circumstances, automatism can be claimed as a defence. Automatism refers to a state of impaired consciousness where a person performs actions without conscious control.
If you require legal assistance for murder related offences, please contact us now for a confidential consultation.

The Difference Between Murder and Manslaughter

Under section 219(1) of the Criminal Code of Canada, criminal negligence occurs when a person, in
doing anything or omitting to do a legal duty, shows wanton or reckless disregard for the lives or safety of
others.

An individual may be charged with the following offences:
  • Section 220 – Criminal Negligence Causing Death: Where the negligent conduct causes a person’s death.
  • Section 221 – Criminal Negligence Causing Bodily Harm: Where the negligent conduct causes bodily harm to another person.
When criminally negligent conduct results in death, the individual responsible may be held liable for culpable homicide pursuant to section 222(5)(b) of the Criminal Code of Canada.
Criminal negligence is distinguished from civil negligence by its higher threshold of culpability, requiring a marked and substantial departure from the conduct of a reasonable person, rather than mere carelessness.
If you require legal assistance for criminal negligence or murder related offences, please contact us now for a confidential consultation.

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