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Originally Posted by Resolute 14
I looked it up, and S.423 is related to url=http://laws-lois.justice.gc.ca/eng/acts/C-46/section-423.html]intimidation[/url. I'm curious as to how that would upgrade the charge to murder 1.
Not a lawyer (obviously), but presuming there are no laws that automatically upgrade the charge because this homicide was committed in the act of committing another crime, I can't see murder 1 or 2 sticking. The driver will probably end up with manslaughter, imo. The passenger, I'm guessing, would be looking at charges related to being an accessory to the crime.
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Murder can be considered to be first degree when it happened while the accused was committing intimidation, there are several different contexts under which first degree murder can be considered.(Committing or attempting hijacking, sexual assault with weapon, aggravated sexual assault, terrorist activity, killing a peace officer)
To be found guilty, it would have to be found that the death occurred in the context of one of the situations that allows for the charge and that the accused was a substantial cause of the victims death.
Also not a lawyer.