DAY 41 - A Close Look at the Criminal Code

Today we had some fun looking at the Criminal Code and the issue of Homicide, as covered in ss.222+ in the Criminal Code (CC).

All parts of the CC are structured the same way.  In the section on Homicide it starts with a definition of Homicide: s. 222  " . . . a person causes, directly or indirectly, by any means, the death of a human being."

This rules out, say, killing any other animal as homicide - it's not killing a person.  Although unlawfully killing an animal is a crime as well, just covered in another section of the CC.

It goes on to say the Homicide can be either culpable or non-culpable - culpability is guilt or criminal responsibility.  And remember, that Actus Reus and Mens Rea must be present for culpability in this case.

For our purposes we'll look at Murder now, s. 229.  Again, it starts with a definition:
'Culpable homicide is murder when you mean to cause another's death or mean to cause bodily harm to another that you know is likely to cause the death.'  There are more stipulations, but that's the jist of it.

You can also commit Murder (see it's definition in s. 229 above) is you kill someone while committing another serious offense.  This is in s. 230, "Murder in the Commission of Offences."   The list of other offenses includes:
 - Treason
 - Piracy
- Hijacking
 - Escaping prison
 - Assaulting a peace officer (e.g. police)
- Sexual Assault
-  Robbery
- Breaking & Entering
- Arson

Then they classify murder as either 1st or 2nd degree and define each:
1st Degree =
- Planned and Deliberate
- Contract for killing
- Murder of a peace officer (e.g. jail guard, police, etc.)
- Hijacking, Sexual Assault, Kidnapping
- Murder during terrorist activity
- Using explosives in association with a criminal gang

2nd Degree = if it's not on the list above (but still murder) then it's 2nd Degree Murder.

When does the CC reduce homicide from murder to Manslaughter?
Culpable homicide that would otherwise be murder is manslaughter if the person committing it did so in the heat of passion or by sudden provocation.

Of course the CC then provides definitions for "heat of passion" and "sudden provocation".

Infanticide (s. 233) - defined as ' . . . a female causes the death of her newborn baby - if she is not fully recovered from the effects of giving birth and therefore her mind is disturbed.'


Then the CC outlines the Punishments:
1st Degree = Life in Prison (no parole for 25 years)
2nd Degree = Life in Prison (judges will decide on years until parole eligibility, often parole can be in 10 years)
Manslaughter = Life in Prison (judges have great leeway in deciding upon eligibility for parole)
Infanticide = maximum five years on jail

Counselling or Aiding in Suicide = maximum 14 years in jail

Now it's your turn - go to the online Criminal Code of Canada.

Draw a table and describe what is found in each of these sections of the CC as explained in class:

Sections 1, 6, 12, 13, 14, 16, 17, 19, 21, 22, 24, 26, 27, 29, 31, 34, 35, 43, 45, 46, 47, 57, 59, 63, 64, 64, 71, 72, 73, 76, 77, 83, 83.01 - 83.04, 85, 90, 119, 120, 131, 132, 144, 150.1, 151, 152, 153, 155, 159, 160, 163.1, 210, 212, 213, 222, 223, 229, 230, 231, 232, 233, 234, 235, 236, 237, 241, 247, 252, 253, 255, 264, 265, 266, 267, 268, 271, 273, 287, 322, 334, 343, 344, 348, 433, 434, 437, 445.1,