There is nothing more serious in law than when one person’s actions lead to the death of another. Crucially, not all deaths caused by another individual are created in the same way. Sometimes, they are not even deemed criminal.
Intent and circumstances are always vital in determining how the case will be charged. When it comes to manslaughter vs homicide, it’s important to know what separates the two. Here is everything you need to know.
Understanding Manslaughter vs Homicide in Canada
Homicide is when a death is caused by another human being. It’s important to note that homicide is not a specific crime. For example, self-defence is a homicide, but if proven, it is not a crime. The confusion can come as homicide is often used interchangeably with murder, which is a crime.
As experienced homicide lawyers, we understand that some legal terms aren’t used correctly in casual conversations. There is also the prevalence of U.S. crime dramas, which can lead people to assume Canada uses the same legal terms. This is often not the case.
With this in mind, for the rest of this article, we’ll be looking at the difference between when homicide is a crime. Criminal homicide is charged as either murder or manslaughter. The key differences are often in intent, the state of mind, and the circumstances around the death.
Related Article: https://www.agpllp.ca/understanding-degrees-of-homicide-first-degree-vs-second-degree-vs-manslaughter-in-canada/
The Role of Intent in Murder
As you’ll safely assume, murder is the most serious form of homicide. This occurs when a person either intends to cause death or causes bodily harm they know could likely result in death. This is an act without regard for human life.
Murder is divided into two categories: first and second degree. First-degree murder is when the killing was planned and deliberate. It also occurs if the death happened in the act of certain crimes, such as sexual assault or kidnapping.
Second-degree murder is simply any murder that does not meet the criteria set out for first-degree murder. Both carry life sentences but have different eligibility for parole. In these cases, the prosecutor will attempt to prove the accused has a guilty mind.
The Role of Intent in Manslaughter
Manslaughter is an unlawful killing that doesn’t have the intent to cause death. Here, there was no deliberate plan to kill, but an act that led to death. As with murder, this is divided into two categories. Manslaughter is separated into an unlawful act or criminal negligence.
An unlawful act is when you commit a crime, such as assault, that unintentionally leads to a death. An example would be punching someone during a bar fight, who then hits their head and dies. There was only an intent to assault, not kill.
Criminal negligence is when a person shows a reckless disregard for the lives of others. Dangerous driving is an obvious example of this, such as when speeding and losing control result in death. Other examples can include workplace negligence, creating a high-risk area, and reckless handling of dangerous objects.
How Circumstances Determine Murder or Manslaughter
The distinction between murder and manslaughter isn’t always clear. For example, if someone intends to severely beat someone, the state of mind of the accused has to be determined as to whether they knew death was a possibility.
Here are the most common circumstances a court will consider:
Level of Violence Used – Was there a single blow or multiple blows? Cases with a lower level of violence will be treated more leniently.
Foreseeability of Death – How much of a possibility was the death? For example, pushing someone off a cliff doesn’t kill them instantly but causes an extremely high chance of death.
Use of Weapons – The use of a weapon often increases the risk of death and can also show a level of premeditation.
Provocation and Emotional State – A sudden alteration or a situation that is highly emotionally charged can reduce the crime from murder to manslaughter. It can be argued that the accused acted impulsively rather than with true intent.
Level of Negligence – Gross negligence without intent can amount to manslaughter. The court will argue about the level of negligence involved and how likely death was.
Manslaughter vs Murder: The Potential Penalties
The consequences of these two crimes can differ greatly. With murder, there is a mandatory life sentence. The potential for parole will range from 25 years for first-degree murder to 10 years for second-degree murder.
In contrast, manslaughter has no minimum sentence unless a firearm was involved, in which case it is 4 years. In reality, sentences for manslaughter usually start at around 2 years for the least severe cases and up to life imprisonment for the most severe.
Related Article: https://www.agpllp.ca/what-is-the-sentencing-for-manslaughter-in-canada/
Final Thoughts
Sometimes the difference between murder and manslaughter can be clear, but often there is a fine line between them. It often comes down to the state of mind of the accused going into the crime, which can be difficult to prove.
The penalties can differ drastically, so it’s vital to hire an experienced homicide lawyer to fight your case. If you require legal help, contact AGP LLP today. We’ll be happy to offer you a free consultation to see how we can assist your case.
