Is it Culpable Homicide?
Offence Unlawful act: 222(5)a Criminal negligence: 222(5)b
• some offence violation of Code or Common Law
duty: s. 219
Mens rea Objective test: Objective test: wanton or
Foreseeability of bodily reckless disregard for safety or
hard that is neither trivial
lives of others
Is it Murder?
• Intention to cause death
• Reckless as to death occurring
• Transferred intent
• Imputed intent
• [s. 230, Constructive murder, found unconstitutional]
• If it’s Homicide but not murder, then it’s
What kind of Murder?
• First degree murder
Planned and deliberate, s. 231(2); or
In performance of sexual assault, hijacking,
kidnapping or unlawful confinement, s. 231(5)
• Otherwise, it’s Second degree murder
• Life imprisonment in all cases
• First degree murder: no chance of parole for 25
• Second degree murder: No chance of parole for
10 years (2nd time: 25 yrs)
• Manslaughter: Normal parole requirements (If firearm
used, then min 4 yrs)
Parties to offence of
– Commits; Aids; Abets
• Resulting crimes
– Plan it together, then are parties to resulting
– Charter violation?
Mental Incapacity and
• Fit to stand trial?
• Defence of mental incapacity:
– Finding of “not criminally responsible by reason of
insanity” or “on account of mental disorder”
• “Defence” of Automatism:
– Actually goes to actus reus, not really a defence
• Question: insane vs. non-insane automatism
• Issue: “Air of Reality”
• Objective test to determine:
– External cause; or
– Internal cause
• Exam prep and review –
–Come with questions!