Bent Wookie

What is murder?
It is murder when the killer of a human being:

• means to cause the death of that human being; or
• means to cause bodily harm to a human being that is likely to cause the death of that human being and the killer is reckless as to whether or not the person dies;
• when the killer, for an unlawful purpose, does anything that he knows or ought to know is likely to cause death even they he may wish to carry out the unlawful purpose without causing death or bodily harm to a human being; or when the death of a human being results when:
  • the killer means to cause bodily harm to make it more certain to complete the crime successfully or make the killer's escape easier after the crime;
  • the killer gives the subjects the victim to an overpowering or stupefying;
  • the killer intentionally smothers the victim; or
  • causes the death of a human being while committing or attempting to commit high treason or treason, sabotage, piracy, hijacking an aircraft, escape or rescue from prison or lawful custody, assaulting a peace officer, any of the sexual assault charges, kidnapping and forcible confinement, hostage taking, breaking and entering; or arson whether or not the criminal means to cause death to any human being or knows that it is likely to be caused.

What is the difference between first degree and second degree murder?
Murder is first degree murder when:

• it is planned and deliberate;
• the killing is planned and deliberate and involves payment of money to the killer or anyone who assists in the death of the victim and all persons involved in effecting the death may be charged with first degree murder ( a paid or contract killing or "hit");
• whether or not the killing is planned and deliberate, when the victim is a police person or other peace officer in the course of his or her duties, or a prison warden, guard or other prison or other person working in a prison, acting in the course of his or her work or duties;
• when the death occurs during the commission of the following offences:
  • hijacking an aircraft;
  • a sexual assault offence;
  • kidnapping and forcible confinement; or
  • hostage taking;
  • criminal harassment (stalking);
  • setting or attempting to set off explosives for the benefit or at the direction of or in association with a criminal organization (known criminal or terrorist organizations or gangs).

All murder that is not first degree murder is second degree murder.

What is manslaughter?
Murder may be reduced to the offence of manslaughter if the person who caused the death did it in the heat of passion, caused by sudden provocation sufficient to deprive a normal person of the power of self-control, providing the accused acted on it quickly, before there was time to cool down.

What is Criminal Negligence?
Criminal negligence
Not necessarily doing something to cause harm, but to fail to prevent harm when you could have.
219. (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.



Don't get me wrong, I am all for the manslaughter conviction, just curious how it was argued.