Generally, murder charges and sentences depend on the level and degree of murder. In Canada, murder cases can be categorized into three divisions; murder, manslaughter, and any criminal offense that cause death. And the level of offense will largely depend on the intention and the mindset of the offender.
This is how the penalties for those offenses also depend on a few factors like the circumstances, evidence, and so on. Sometimes, the consequences of these kinds of cases can be very serious. It can lead you to life imprisonment or even death penalties.
In this writing, we will discuss the different degrees of murder charges and sentences in Canada. Keep reading for more.
Different types of murder:
According to Canadian law, there are some different levels or degrees of murder. There are definitely some differences between intentional murder and accidental murder.
So, of course, the intentional homicide offense deserves more charges and sentences than accidental homicide. That is why they categorize into a different degree.
In general, every single homicide is serious. Nonetheless, every incident has a circumstance and a different level of seriousness. For that reason, the seriousness of murder usually depends on the mental state, the intent of the accused person.
Acceding to the Criminal Code of Canada, a murder will be a criminal act when the offender does the following:
• Causes death to a person intentionally or accidentally
• Criminal negligence that may result in death
• The intention of killing or physically harming someone, but accidentally ends up killing someone else
• Takes part in criminal activity with someone else, and that may end up killing someone accidentally
Point to be noted here, homicide or murder is not limited to the scenario mentioned above. Cases can be different and unique. In some cases, the situation and scenario can be way more serious than these. No matter what the situation is, the offender must go through some kinds of penalties for these offenses.
Degree of murder:
The Criminal Code of Canada defines and categorizes murder as either first-degree murder or second-degree murder. In both cases, the penalties of these can be very serious.
Usually, the penalties or punishment for murder can be life imprisonment or even the death penalty. So what is 1st, 2nd, and 3rd degree murders? Below are given a brief description:
• First-degree murder:
Usually, first-degree murder is intentional and planned murder. But in some cases, direct involvement of any murder offense can also be considered as first-degree murder. In such cases, if you are not the murderer, then again, you can be convicted as a first-degree murderer.
Penalties of first-degree murder:
The common and average penalty for first-degree murder is life imprisonment for 25 years at least. But in that 25 years, you will get the chance of parole. To eligible for the parole opportunity, you need to follow certain character traits, for example, good manners, responsibility towards work, and so on.
But after getting parole, you also maintain certain rules that were given by the authorities. In other words, you will be restricted by a certain condition. If you violate any of those conditions in that period, it can lead you to jail again.
• Second-degree murder:
In simple words, all murders that are not fallen into the first-degree murder category will be deemed as second-degree murder. Second-degree murder is basically an intentional murder where there is a lack of planning and preparation. Again, in this murder, the murderer has the intention to cause death to an individual without any plans.
Penalties of second-degree murder:
The minimum sentence for second-degree murder is life imprisonment. After 10 years, you may get the chance of parole with the discretion of the judge. In some cases, if you are convicted as a second-degree murderer, then you may need to wait 25 years or more to avail yourself of the chance of parole.
In both murder cases, either first degree or second degree, you need to follow certain rules after receiving the parole. If you fail to do that, then it will be taken away from you. In rare cases, you may get released earlier than the first-degree murder case.
• Manslaughter:
Manslaughter is a type of homicide that causes the death of a human being. But this homicide is not intentional or deliberately. In most cases, manslaughter happens for criminal negligence. The offender may intend to cause some harm, but that may end up with killing or the death of a person.
The difference between the other degree of murder and manslaughter is the circumstances and the crime. But it is really hard to prove and analyze in the court whether the murder was manslaughter or intentional killing. Only a legal professional criminal lawyer can understand the differences between these murders.
Penalties of manslaughter:
Punishment for manslaughter is not like the first degree of second-degree murder. There is no minimum or maximum penalty for manslaughter. The punishment can be vary depending on the situation. Unlike first degree or second degree murder, life imprisonment is not the first penalty for manslaughter.
But on average, punishment for manslaughter is four years of imprisonment. But by any chance, if your offender is found a firearm, then the imprisonment time can be increased. And to avail of the parole, you may need to wait 1/3 of that time.
Murder sentence for young persons:
According to Canadian law, people under sixteen are considered a young person. Somehow, if they are involved in any criminal offense that ends up killing someone or causes someone’s death, that young person also has to go through some kinds of punishment.
Although the punishment will not be as long as an adult murderer, the imprisonment time will depend on the discretion judge. But the maximum sentence for first-degree murder can be up to ten years’ imprisonment. And seven years’ life imprisonment for second-degree murder. The eligibility for parole can be vary depending on the consideration of the judge.
The bottom line:
No matter what the situation is, if it is caused death to any human being, it will be considered as murder or homicide. And any homicide or murder penalty is imprisonment. So, it is very important to have a legal representative understand your case and scrutinize every single piece of evidence to reduce the imprisonment time.
That is why it is always better to hire a professional criminal lawyer if you are going through similar cases. The more experienced the lawyer is, the more you have the chance to eligible for parole (i.e. what are 1st, 2nd, and 3rd-degree murders). Hopefully, this writing helped you to understand the different degrees of murder charges and sentences in Canada.