Chapter 8 – Crime and Chapter 8 – Crime and Criminal LawCriminal LawUnit 3 – Criminal LawUnit 3 – Criminal Law

HomicideHomicide

Learning Goal for TodayLearning Goal for Today

By the end of the lesson(s), students By the end of the lesson(s), students will be able to apply the homicide will be able to apply the homicide sections of the code to different sections of the code to different hypothetical situationshypothetical situations

ExpectationsExpectations

By the end of this lesson, students By the end of this lesson, students will:will:

……compare summary, hybrid, and compare summary, hybrid, and indictable offences as they relate to indictable offences as they relate to criminal lawcriminal law

AgendaAgenda

HomicideHomicide

HomicideHomicide

Homicide

Nonculpable Culpable

Murder InfanticideManslaughter

First Degree

Second Degree

HomicideHomicide S.222(1)-(3) non culpable homicideS.222(1)-(3) non culpable homicide – –

accidental death and not negligentaccidental death and not negligent

s.222(4) culpable homicides.222(4) culpable homicide – occurs – occurs when someone when someone causes the death of causes the death of another personanother person, as in murder, , as in murder, manslaughter, or infanticide & there manslaughter, or infanticide & there was was intent to cause the deathintent to cause the death, , or such or such recklessnessrecklessness that the actions of the that the actions of the accused were likely to cause another accused were likely to cause another person’s deathperson’s death

Culpable HomicideCulpable Homicide s.222(4) Culpable homicide is murder s.222(4) Culpable homicide is murder

or manslaughter or infanticideor manslaughter or infanticide s.222(5) A person commits culpable s.222(5) A person commits culpable

homicide when he homicide when he causes the death of causes the death of another human beinganother human being (a) (a) by means of an unlawful actby means of an unlawful act;; (b) (b) by criminal negligenceby criminal negligence;; (c) by threats or fear of violence to do (c) by threats or fear of violence to do

something causing their death; orsomething causing their death; or (d) by wilfully frightening that human (d) by wilfully frightening that human

being, in the case of a child or sick personbeing, in the case of a child or sick person

MurderMurder s.229 Culpable homicide is s.229 Culpable homicide is murdermurder (a) where the person who causes the (a) where the person who causes the

death of a human beingdeath of a human being (i) means to cause his death, or(i) means to cause his death, or (ii) means to cause him bodily harm that he (ii) means to cause him bodily harm that he

knows is likely to cause his death, and is knows is likely to cause his death, and is reckless whether death ensures or not;reckless whether death ensures or not;

(b) where the person meant to cause the (b) where the person meant to cause the death or harm that would likely cause death or harm that would likely cause death to one person and by accident or death to one person and by accident or mistake did it to someone elsemistake did it to someone else

Culpable HomicideCulpable Homicide s.230 Culpable Homicide is s.230 Culpable Homicide is murdermurder

where a person causes the death of where a person causes the death of another human being while another human being while committing (whether or not they committing (whether or not they meant to cause death)meant to cause death)

Various serious violent crimes…Various serious violent crimes… Ex. Many violent offences (ex. Hijacking, Ex. Many violent offences (ex. Hijacking,

sexual assault, kidnapping, terrorism, sexual assault, kidnapping, terrorism, explosion in association with a criminal explosion in association with a criminal organization)organization)

MurderMurder s.231(1) Murder is first degree s.231(1) Murder is first degree

murder or second degree murdermurder or second degree murder s.231(2) Murder is s.231(2) Murder is first degree first degree

murdermurder when it is when it is planned and planned and deliberatedeliberate

s.231(3) Contract murder is first s.231(3) Contract murder is first degree murderdegree murder

s.231(4) Killing a peace officer is first s.231(4) Killing a peace officer is first degree murderdegree murder

First Degree MurderFirst Degree Murder s.231 Even if not planned & deliberate, s.231 Even if not planned & deliberate,

murder is first degree, if the death is murder is first degree, if the death is caused while committing, or attempting caused while committing, or attempting to commit:to commit: s.231(5) Hijacking an aircraft, sexual s.231(5) Hijacking an aircraft, sexual

assault, sexual assault with a weapon, assault, sexual assault with a weapon, threats to a 3threats to a 3rdrd party or causing bodily harm, party or causing bodily harm, aggravated sexual assault, kidnapping and aggravated sexual assault, kidnapping and forcible confinement, or hostage takingforcible confinement, or hostage taking

s.231(6.01) Murder during a terrorist activitys.231(6.01) Murder during a terrorist activity s.231(6.1) Murder while using explosives in s.231(6.1) Murder while using explosives in

association with a criminal organizationassociation with a criminal organization

Second Degree MurderSecond Degree Murder

s.231(7) All murder that is not first s.231(7) All murder that is not first degree murder is second degree degree murder is second degree murdermurder

InfanticideInfanticide

s.233 of Criminal Codes.233 of Criminal Code Person committing must be femalePerson committing must be female Willful act or omissionWillful act or omission Causes the death of her new-born childCauses the death of her new-born child The mother must be suffering from post-The mother must be suffering from post-

partum depressionpartum depression

ManslaughterManslaughter

s.234 Culpable homicide that is not s.234 Culpable homicide that is not murder or infanticide is murder or infanticide is manslaughtermanslaughter

PunishmentsPunishments

s.235(1) – First or Second Degree s.235(1) – First or Second Degree murder – indictable offence - murder – indictable offence - minimum life in prisonminimum life in prison

s.236 – Manslaughter – indictable - s.236 – Manslaughter – indictable - where firearm used, minimum 4 where firearm used, minimum 4 years to life, otherwise, no minimum years to life, otherwise, no minimum to lifeto life

s.237 – Infanticide – indictable - s.237 – Infanticide – indictable - prison not exceeding 5 years prison not exceeding 5 years

Scenario 1Scenario 1 A law is passed to give animals all of the

rights of a human being. Little Red Riding Hood “LRRH” is attacked by The Big Bad Wolf “BBW” who wants to eat her for dinner (after killing her of course). Unknown to the BBW, LRRH knows Wolf Karate and beats up the BBW. With her foot on the Wolf’s throat, LRRH, after some thought, decides to take out the BBW (i.e. kill him) so that other little children won’t be threatened by the BBW any more. So, after some thought, LLRH crushes the BBW’s throat, killing him.

Scenario 2Scenario 2 A married lady, Wanda, is tired of her

husband Keith playing video games all the time instead of spending time with her. One day, Wanda decides that she is going to commit the perfect murder, killing Keith. She wires up the video game to deliver a lethal shock. Her husband turns on the game the next day and is killed instantly.

Scenario 3Scenario 3 Lucy adopted a baby 2 months ago. Before

and after the baby was adopted, she was very depressed because she couldn’t conceive a baby naturally. Her doctor says that this caused post-adoption depression. One day, Lucy is so sad that she decides to kill the baby so it won’t ever be hurt by the tough world. She smothers the baby with a pillow. Her husband comes home and finds her cradling her dead baby in her arms.

Scenario 4Scenario 4 4. Matthew and Luke are at a church

Bazaar. Matthew spills Eggnog on Luke by accident. Luke gets very angry at Matthew and calls him a “<**%&@” jerk. Matthew feels very provoked and suddenly loses his temper. Without thinking, Matthew picks up his desert fork and swings it madly at Luke’s throat. Instead of hitting Luke, the fork hits Father O’Malley in the neck, killing him instantly.

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ComicComic