Quote:
Originally Posted by valo403
The whole murder/manslaughter thing is really just debating the codification of the offense in whatever jurisdiction. Depending on where you are the labels may change for the same offense.
The common law definition requires a homicide to include "malice aforethought" in order to fall into the realm of murder, otherwise you're into manslaughter. That definition says that "malice" is found where there is a) intent to kill, b) intent to cause serious bodily harm, c) extreme reckless disregard for the value of human life, or d) intent to commit a felony during which a death results.
I'd have a hard time seeing this as anything but murder under c) of that definition.
Where it falls in the Canadian justice system I don't know, but hopefully it results in serious punishment.
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Drinking and driving causing death really falls into the two highlighted area for me.
How is drunk driving not a prime definition of reckless disregard. And when he drunkenly put his keys into the ignition and pulled out of the parking lot that's intention to commit a felony.
I just have a hard time seeing this kind of thing as some horrible mistake.