QUICK TAKEAWAY
Second-Degree Murder: Generally speaking, second-degree murder, covered by s.231 of the Criminal Code, is a deliberate killing that occurs without planning and does not fall under any of the categories of first-degree. Intent to cause bodily harm knowing it would likely result in death can result in a charge of second-degree murder. The killing can take place in the heat of an argument where there was no forethought of murder. If you intentionally kill another person you could be convicted and face a sentence of life in prison. Unlike first-degree murder that has no chance of parole for 25 years, parole eligibility can range from 10 to 25 years for second-degree and is at the discretion of the court.
Table of Contents:
What is Second-Degree Murder?
Homicides have four categories under the Criminal Code, some of which are automatically considered first-degree murder, such as the killing of an on-duty police officer. First-degree murder and second-degree murder are not separate charges. Both are punishable by a lifetime prison sentence. The difference comes in the parole eligibility.
Everything that is not first-degree murder, essentially a planned and deliberate killing or one that occurs during the commission of an indictable offenceIndictable offences are more-serious criminal offences, is second-degree according to the Code.
If you intentionally cause the death of someone or intentionally inflict bodily harm that you know is likely to cause death, or if you are not acting in self-defenceUsing a reasonable amount of force to protect yourself or the defence of another as defined by law, you can be charged with murder. A murder can be culpable, where the intent is proven, or non-culpable, which means the death occurred in the act of self-defence or as a result of an accident.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you are the person who committed the unlawful act and that act contributed to the death. It must be proven that you foresaw death as a probable consequence of your actions. Witnesses may play an important role at trial, describing the incident and testifying about your involvement.
You may be able to defend against the charge under s.34 of the Criminal Code, which states that 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. It is important to note that the force you use in defending yourself cannot be excessive.
You may also be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms, such as an illegal police search.
Treated as an Indictable Offence
If you have been charged with any homicide, including second-degree murder, the Crown will proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences and you will be imprisoned if convicted.
Penalty for Second-Degree Murder
If you are convicted of second-degree murder you will face a sentence of life imprisonment with no chance of paroleA conditional freedom for a prison inmate for 10 to 25 years. Parole eligibility will be decided by a judge. The Criminal Code states that if you have been convicted of murder in the past, you must serve the maximum 25 years before you can be considered for release. If you were between 12 and 17-years old at the time you were charged with second-degree murder, the maximum sentence is seven years, according to s.42 (1)(q) of the Youth Criminal Justice Act.
Your behaviour in prison will be considered as well as your remorse and chances of rehabilitation when it comes time for the Parole Board of Canada to decide if you can be released. Parole does not reduce the sentence imposed by the court. It only affects the way your sentence is served, allowing you the possibility to serve your sentence in the community under strict conditions of release.
Once 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 a mandatory weapons prohibition will be imposed upon conviction.
St. CatharinesLawyersNear Me
Erdal Gok, Barrister & Solicitor
Burton Criminal Law
Protomanni & Associates Professional Corporation
Martens Lingard Llp
Sullivan Mahoney Llp
Crossingham Brady Solicitors
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
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.
