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Homicide

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by

Youssef Asfour

on 5 November 2014

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Transcript of Homicide

Homicide
Applicable Terms
Culpable Homicide-
Killing of a person either with or without an intention to kill.
Non-Culpable Homicide-
Killings that are classified as not culpable.
Infanticide-
Killing of a newly-born child.
First Degree Murder-
Killing of a person which is planned and deliberate.
Second Degree Murder-
Any murder which is not First Degree Murder
Manslaughter-
Any culpable homicide which is not murder or infanticide (Heat of Passion)
Applicable Punishments
Causing the death of another person, whether intentionally or unintentionally.
The offender broke into a victim's residence to rob them. The offender shot the victims in front of their family members. The offender was a 23 year old man with an extensive record.
R.v. One
235. (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
236. Every person who commits manslaughter is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
237. Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Questions:
What type of homicide is present in the case?
What would the punishment for this type of homicide be?
A group of Two's friends are smoking pot at his house while his parents are away for the weekend. The neighbours smell the smoke and notify the police. The police show up and Two panics and acts irrationally. The police can smell the pot and enter the house. Two attacks the police officer. The police officer falls over, hits his head on a table, twisting his neck and dying.
R.v. Two
Case 1-
First Degree Murder
Sentenced to imprisonment for life
Case 2
Second Degree Murder
Sentenced to imprisonment for life
Answers
Full transcript