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Homicide (venn diagram)

Elements of Homicide, including both culpable homicide and non-culpable homicide, with the relevant sections of the Criminal Code of Canada referenced. All organized graphically in Venn-like diagrams.
by

Kevin MacTavish

on 16 September 2016

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Transcript of Homicide (venn diagram)

where a person,

229(c). Culpable homicide is murder:
for an unlawful object,
does anything that
he knows
or ought to know
is likely to cause death,

and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
Homicide
Culpable
Manslaughter
Infanticide
Murder
First degree
Second degree
CCC s.222(4)(5)
CCC s.222(5) A person commits culpable homicide when he causes the death of a human being,
(a) by means of an unlawful act;
(b) by criminal negligence;
(c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.
CCC s.229
If it's murder (as defined in s.229), then it's either "first degree" or
"second degree" murder (s. 231(1)).
Death was planned (thought out carefully) and deliberate (not impulsive). See CCC s. 231(2)
Or death occurs while another listed crime is being committed. See CCC s. 231(5)-(6.2)
Or the victim is a law enforcement agent. See CCC s. 231(4)
If it's murder, but not first degree murder, then it must be second degree murder.
If it's culpable homicide, but not infanticide and not murder, then it must be manslaughter.
CCC s.234
CCC 232(1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
CCC s.233
This crime can only be committed by a women who causes the death of her new-born child as a result of her suffering from a mental disturbance.
The Ottawa Sun, by Terri Saunders, April 21, 2009

Prosecutors are not seeking a jail sentence for an emotionally disturbed woman who smothered her newborn with a plastic bag to keep her pregnancy a secret.

In a joint submission before Judge Lynn Ratushny today, both the prosecution and defence suggested Angela Elizabeth Kuehl, 27, of Ottawa, be sentenced to a year of house arrest followed by two years of probation on a charge of infanticide. Ratushny reserved decision and will sentence Kuehl in August.

Kuehl sat quietly in the front row of the Ottawa courtroom throughout the hearing, periodically wiping her eyes with a tissue. She was surrounded by family members, friends and her new boyfriend.
Kuehl pleaded guilty to one count of infanticide in February after a charge of second-degree murder, which had originally been laid against her in the baby's death, was withdrawn. After a series of psychological assessments, it was determined that Kuehl was in a "disturbed state of mind" at the time and was not capable of fully understanding the implications of her actions.

Kuehl went to an Ottawa hospital on April 19, 2007 to seek treatment for complications following childbirth. At the time, the infant could not be located and an investigation was launched to try to find the baby.

On April 30, police officers found the body of a male infant inside a city garbage truck. An autopsy determined the child was Kuehl's and had been alive at the time of the birth.

Kuehl was charged in the fall of 2007 after the autopsy results were sent to police. She was released from custody soon afterward following a bail hearing.
CCC s.222(1)
A person commits homicide when, directly
or indirectly, by any means, he causes
the death of a
human being.
Causing the death of a person
homicidium
homo
caedere
human being
to kill
Latin word
where the person who causes the death of a human being
where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not,

(i) means to cause his death,


(ii) means to cause him bodily harm
229(a). Culpable homicide is murder:
that he knows is likely to cause his death, and
is reckless whether death ensues or not;
229(b). Culpable homicide is murder:
by accident or mistake causes death to another human being,
notwithstanding that he does not mean to cause death or bodily harm to that human being; or
or
Culpable
Not blameworthy = no punishment
Not blameworthy
Culpable
Not
Not
Not
Culpable
Snowplow drove straight at Toronto cop, accelerating, murder trial hears
The Canadian Press and Allison Jones, The Canadian Press Feb 6, 2013 02:04:44 PM

TORONTO – A Toronto police officer shot in vain at a snowplow that was quickly barrelling down on him in the seconds before it mowed him down and left him dying in the snow, court heard Wednesday. Several people who witnessed the death of Sgt. Ryan Russell, 35, testified at the trial of Richard Kachkar, 46, who has pleaded not guilty to charges of first-degree murder and dangerous driving in Russell’s death.

The witnesses described coming upon what they at first thought was a police officer either trying to pull over a snowplow or helping it manoeuvre snowy side streets early in the morning on Jan. 12, 2011.

“It’s only when I hear three gun shots that it first dawns on me that there’s something amiss,” Maurice Lopes testified.

Driving behind the plow, Lopes’ view of the officer was blocked. But Vance Cooper, driving a short distance behind Lopes, could see Russell standing in front of his cruiser, his left arm extended and his hand up in a “stop” gesture.

But the plow didn’t stop, Cooper testified, in fact, it accelerated. Cooper couldn’t see a gun in Russell’s hand but his right arm was extended as if he were holding one, and he heard two or three gunshots.

“At that moment the plow is bearing down on the officer and I’m just holding my breath and hoping that this officer can get out of the way,” he said. “(He’s) driving straight, no steering, no braking, no apparent effort to change course.”

Court has heard the plow hit Russell in the leg, knocking him to the ground, then hit his head, fracturing his skull.

The trial has already heard that Kachkar drove the plow around Toronto for two hours that morning, hitting several cars and shouting about the Taliban, Chinese technology and a microchip in his body.
http://fw.to/E4Lp0Jg
Video:
http://www.chumfm.com/news/2013/02/06/sgt-ryan-russells-dashboard-camera
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1
3
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.
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