First-Degree Murder

Intentionally causing the death of someone or intentionally inflicting bodily harm that you know is likely to cause death and you are not acting in self-defenceA defence involving force used to protect against force or threat. or the defence of another as defined by s.34 of the Criminal Code can lead to homicideIntentionally causing death charges. There are two types of homicides: culpable, where intent is proven; and non-culpable, which means deaths that occur in an act of self-defence or as a result of an accident. First degree murder is a killing that is planned and deliberate, such as a contract killing. According to the Code a homicide is considered first degree if: The murder is planned and deliberate; The murder occurs in the course of a hijacking, sexual assault or kidnapping, forcible confinement, or hostage taking; The murder is caused in the course of terrorist activity; The victim is a peace officerPeople involved in upholding justice or prison guard; The murder takes place in the course of criminally harassing another person; The murder occurs as part of the activities of a criminal organization; The murder occurs while intimidating a group of people or the general public, in order to impede the administration of justice, in the course of intimidating a justice system participant or in the course of intimidating a journalist to prevent them from disseminating information about a criminal organization. While planning and deliberation is the key, there are circumstances where it is not necessary for a conviction. For example, a man was charged with first-degree murder in 2011 after a police officer was run over and killed by a stolen snowplow. While there was no proof that there was a plan to use the plow to kill someone, the death occurred while the police officer was performing his duties, thus leading to a first-degree charge.

To gain a conviction for first-degree murder under s.231(2), the Crown must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you intended to kill the victim and that the killing was planned and deliberate. However, planning and deliberation do not need to be proven if the killing falls into one of the automatic first-degree categories set out in s.231(4) to s.231(6.2). One example is where the victim was a police officer or prison guard acting in the course of their duties. Another is where the death occurred during a sexual assault, kidnapping, forcible confinement, or hostage taking. The planning does not have to be elaborate and the Crown does not have to prove it took time to formulate. The planning can take place a very short time before the murder to be considered first degree. The judge or jury must also be convinced that your actions were essential to the homicide. Your lawyer may be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms. Also, if you were acting in self-defenceA defence involving force used to protect against force or threat. and did not mean to cause death you could be acquitted. Under s.34 of the Code, you are not guilty of an offence if you reasonably believe that force is being used against you (or is being threatened) or another person. However, whether the force you used was reasonable in the circumstances is assessed against a number of factors, including the nature of the threat, whether other options were available to you, and whether your response was proportionate to what you faced.

If you have been charged with any homicide, including first-degree murder, the Crown will proceed as an indictable offenceA more serious type of Canadian criminal offence. and you will be imprisoned if convicted.

If you are convicted of first-degree murder you face a sentence of life imprisonment with no chance of paroleConditional release from custody before the full sentence ends. for 25 years. If you were between 12 and 17 years of age at the time the offence was committed, the maximum sentence under the Youth Criminal Justice Act (s.42(2)(q)) is 10 years for first-degree murder. This 10-year maximum covers both the period spent in custody and any time served under conditional supervision in the community. While the majority of offenders are eventually paroled it is not an automatic right. Your behaviour in prison will be considered as well as your remorse and chances of rehabilitation. It should also be noted that parole does not reduce the sentence imposed by the court, it only affects the way the sentence is served. It allows offenders to serve their sentence in the community under strict conditions of release. If you are released, you will be limited by the conditions of your parole for the rest of your life and you could be returned to prison for violating those conditions. Under s.109(1) of the Code you also face a mandatory weapons prohibition upon conviction.

A conviction for first-degree murder carries a mandatory sentence of life imprisonment, with no eligibility for parole for 25 years.