What is the difference between voluntary manslaughter and second-degree murder? Learn how they differ and how a criminal lawyer in Brampton can help win your case.
2. The intent or reasonable expectation of death behind
the act distinguishes voluntary manslaughter from
second-degree murder. While both entail unintentional
killings, the differences lie in the specifics of the
aggression.
Let’s look at the differences between the two.
Let’s us know
3. What is
Voluntary
Manslaughter
?
?
Under Section 231(1) of the Canadian Criminal Code, voluntary
manslaughter refers to an unlawful killing without malice, in the
heat of the moment, where adequate provocation was present.
However, there is a conscious disregard for human life present.
Under Section 229 of the Criminal Code of Canada, second-
degree murder is a killing where, although malice aforethought
was present, the killing was not premeditated. However, the
perpetrator was fully aware of their actions and killed anyway.
What Is
Second-
Degree
Murder
Definition
4. Imagine a drunk driver unintentionally killing a pedestrian.
Here, the charge is justified as even after knowing that drunk
driving is dangerous, the driver made the decision to drive,
which resulted in the death of another person.
If someone stabs another person in a sudden fit of anger, death is
likely. Although the act was not pre-planned, you cannot claim
that you did not intend to do harm. This is a classic example of
second-degree murder.
Second-Degree
Murder
Examples
Voluntary Manslaughter
5. ●Prison for at least 8 years and up to 30
●A large fine
●Counselling
●Anger management
Charged with an indictable offence and is subject to a minimum
punishment of life in prison.
Second-Degree
Murder
Voluntary Manslaughter
Sentencing and Penalties
6. Penalties
Sentencing
Punishment
A conviction for murder or manslaughter can have
significant repercussions. Indeed, it can ruin your
life. If you are accused of second-degree murder or
voluntary manslaughter, get in touch with Saini
Law. As one of the top criminal lawyers in
Brampton, Harpreet Saini can present the best
possible defence.
1 Dundas Street West, Suite 2500, Toronto, ON, M5G 1Z3 647-823-6767