What Is Wally Broge's Definition Of Murder
CANADA CRIMINAL CODE
Murder and Manslaughter
In order to convict anyone of a criminal offence, there must be a law, which specifically covers the matter at hand.
Here are the relevant sections of the Criminal Code under which, Wally Brogue is charged: Section 212 defines murder:
MURDER.
212. Culpable homicide is murder
a. Where the person who causes the death of a human being
i. Means to cause his death, or ii. Means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
b. Where a person, meaning to cause death to a human being or meaning to cause him/her bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident …show more content…
Section 214 defines the difference between first and second-degree murder:
213. (1) Murder is first-degree murder and second-degree murder.
(2) Murder is first-degree murder when it is planned and deliberate.
(7) All murder that is not first-degree murder is second-degree murder. Murder becomes manslaughter if the evidence meets the requirements of Section 215 (1):
214. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
(2) A wrongful act or insult that is of such a nature as to be sufficient to deprive an ordinary person of the power of self – control is provocation for the purposes of this section if the accused acted upon it on the sudden and before there was time for his passion to cool.
The judge will have to instruct the jury on the differences in law between first-degree murder, second-degree murder and manslaughter. The important element of difference is the intent involved. First-degree murder in premeditated that is planned and …show more content…
Manslaughter is simply the killing of another person by an unlawful act such as an assault. It is not necessary to prove intent to kill another person or intent to inflict an injury likely to cause death in order to establish manslaughter. For manslaughter to be proved it is necessary only to prove that death resulted from an act of the accused person and that this act was unlawful. A shot or blow delivered in self – defence may, of course, be lawful if it is delivered in circumstances which justified the use of such force.
Section 218 and 219 set out the minimum punishments for a conviction of murder or manslaughter: Punishment for Murder – Minimum Punishment
218. (1) every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
(2) For the purposes of Part XX, the sentence of imprisonment for life prescribed by this section is a minimum punishment. 1973 – 74, c. 38,
s. 3; 1974 – 75 – 76, c. 105, s. 5.
Punishment for Manslaughter.
219. Every one who commits manslaughter is guilty of an indictable offence and is liable to imprisonment for life. 1953 – 54, c. 51, s.
Murder and Manslaughter
In order to convict anyone of a criminal offence, there must be a law, which specifically covers the matter at hand.
Here are the relevant sections of the Criminal Code under which, Wally Brogue is charged: Section 212 defines murder:
MURDER.
212. Culpable homicide is murder
a. Where the person who causes the death of a human being
i. Means to cause his death, or ii. Means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
b. Where a person, meaning to cause death to a human being or meaning to cause him/her bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident …show more content…
Section 214 defines the difference between first and second-degree murder:
213. (1) Murder is first-degree murder and second-degree murder.
(2) Murder is first-degree murder when it is planned and deliberate.
(7) All murder that is not first-degree murder is second-degree murder. Murder becomes manslaughter if the evidence meets the requirements of Section 215 (1):
214. (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
(2) A wrongful act or insult that is of such a nature as to be sufficient to deprive an ordinary person of the power of self – control is provocation for the purposes of this section if the accused acted upon it on the sudden and before there was time for his passion to cool.
The judge will have to instruct the jury on the differences in law between first-degree murder, second-degree murder and manslaughter. The important element of difference is the intent involved. First-degree murder in premeditated that is planned and …show more content…
Manslaughter is simply the killing of another person by an unlawful act such as an assault. It is not necessary to prove intent to kill another person or intent to inflict an injury likely to cause death in order to establish manslaughter. For manslaughter to be proved it is necessary only to prove that death resulted from an act of the accused person and that this act was unlawful. A shot or blow delivered in self – defence may, of course, be lawful if it is delivered in circumstances which justified the use of such force.
Section 218 and 219 set out the minimum punishments for a conviction of murder or manslaughter: Punishment for Murder – Minimum Punishment
218. (1) every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
(2) For the purposes of Part XX, the sentence of imprisonment for life prescribed by this section is a minimum punishment. 1973 – 74, c. 38,
s. 3; 1974 – 75 – 76, c. 105, s. 5.
Punishment for Manslaughter.
219. Every one who commits manslaughter is guilty of an indictable offence and is liable to imprisonment for life. 1953 – 54, c. 51, s.