QUICK TAKEAWAY
First-Degree Murder: is the most serious of all homicide offences and is covered under s.231 of the Criminal Code. First-degree murder comes down to premeditation. If you plan and kill someone you could be found guilty and face a sentence of life in prison with no chance of parole for 25 years. It is also possible to be convicted of murder while committing or attempting to commit an indictable offence.
Table of Contents:
What is 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-defenceUsing a reasonable amount of force to protect yourself or the defence of another as defined by s.231 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;
- The murder is caused in the course of terrorist activity;
- The victim is a peace officer 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.
What is Needed to Convict
To gain a conviction for first-degree murder, the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you intended to kill the victim. As well, the prosecutor must also establish that the death was planned and deliberate. 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-defenceUsing a reasonable amount of force to protect yourself 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, the force used in defending yourself cannot be excessive.
Treated as an Indictable Offence
If you have been charged with any homicide, including first-degree murder, the Crown will proceed as an indictable offenceIndictable offences are more-serious criminal offences and you will be imprisoned if convicted.
Penalty for First-Degree Murder
If you are convicted of first-degree murder you face a sentence of life imprisonment with no chance of paroleA conditional freedom for a prison inmate for 25 years. If you were between 12 and 17 years of age at the time you were charged with murder, the maximum sentence is 10 years for first degree.
While the majority of offenders are eventually parolled it is not an automatic right. Your behaviour in prison will be considered and 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.
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Amin Law Professional Corporation
Hardy And Associates Llp
Dominion Criminal Defence.
O’Hara Law
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Terry S. Guerriero, Barrister And Solicitor
Glossary of Legal Terms
Homicide
When a person causes the death of another or intentionally inflicts bodily harm they know is likely to cause death and they are not acting in the course of self-defence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Parole
Parole is a bridge between incarceration and return to the community. It is a conditional release, and contributes to the protection of society by allowing some offenders to continue to serve part of their sentence outside of the institution under the supervision of a parole officer and subject to conditions.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Self-defence
A person is not guilty of an offence if they reasonably believe on reasonable grounds that force was being used against them or another person. or that a threat of force was made. They can act in self defence to protect themselves or the other person, as long as their actions are reasonable in the circumstances.
