Author Topic: Murder Laws in different Countries:::  (Read 4271 times)


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Murder Laws in different Countries:::
« on: February 19, 2009, 05:38:18 PM »

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As defined in the Criminal Code of Canada, murder is considered one type of culpable homicide, distinguished from the offences of manslaughter or infanticide. [43]

[edit] First and second degree

In Canada, murder is classified as either first or second degree.[44]

   1. First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation. [45]
   2. Second degree murder is all murder which is not first degree murder. It could be "spur of the moment".

[edit] Manslaughter and infanticide

   1. Manslaughter is any culpable homicide which is not murder or infanticide. [46]
   2. Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. It is a type of homicide but is excluded from murder.[47]

[edit] Penalties

The mandatory penalties for murder are [48] :

   1. First degree murder - mandatory life imprisonment without the possibility of parole for 25 years (but someone guilty of a single murder could be have his non-parole period reduced to no less than 15 years (see Faint hope clause).
   2. Second degree murder - mandatory life imprisonment without the possibility of parole for 10-25 years (parole eligibility determined by the judge at sentencing, but if the person has a prior conviction for murder, parole eligibility is 25 years)

There is a clause under which a person convicted of any "personal injury offence" meeting the statutory criteria may be declared a "dangerous offender". A dangerous offender is sentenced for an indeterminate period of imprisonment and is eligible for parole after serving at least 7 years. An offender convicted of 1st or 2nd degree murder is ineligible to be declared a dangerous offender. However, an offender convicted of manslaughter can be declared a dangerous offender.

Any sentence imposed in addition to a life sentence must be concurrent.

« Last Edit: February 19, 2009, 05:42:03 PM by Adrian »


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Re: Murder Laws in different Countries:::
« Reply #1 on: February 21, 2009, 05:01:37 AM »
I've read that before. I am interested in seeing what other countries do compared to Canada