Violent Crimes – Offences Against the Person
Crimes in the Criminal Code are classified under different
categories according to the type of offence. Any crime that
involves a victim being threatened, injured or killed falls under
the Offences Against the Person category.
HOMICIDE
The Criminal Code defines homicide in the following way.
222. (1) A person commits homicide when directly or indirectly,
by any means, causes the death of a human being.
Two main types of homicide:
1. culpable (‘blameable’) – killing for which the accused can
be held legally responsible. Ex. Murder, infanticide,
manslaughter
2. non-culpable – killing for which the accused can not be
held legally responsible. Ex. Accident, soldier under orders
during war, self-defence
MURDER
Is the intentional killing of another human being and is a form of
culpable homicide.
Murder is classified into two categories: first degree and second
degree.
First Degree – a killing qualifies for first degree murder under
any of the following situations:
is planned and deliberate
one person hires another to commit murder
the victim is a police officer, prison employee, or any other
person employed for the purpose of maintaining public
peace.
The murder is caused while committing or attempting to
commit another serious offence, such as hijacking, sexual
assault, sexual assault with a weapon or causing bodily
harm, aggravated sexual assault kidnapping and forcible
confinement, and hostage-taking. In these situations the
murder does not have to be planned and deliberate
Second Degree – any murder that does not fit into one of the
four situations listed in first degree murder
The mandatory sentence for both first degree and second
degree murder is life imprisonment. The only difference is the
date at which the offence can apply for parole. Generally,
anyone convicted of first-degree murder has to serve 25 years
in prison before qualifying for parole. An offender convicted of
second degree murder can usually apply for parole after serving
10 years.
INFANTICIDE
Infanticide is the killing of a newborn by his or her mother. An
infanticide charge means the accused has not yet recovered
from the effects of childbirth and is suffering from depression or
mental disturbance. The maximum punishment is imprisonment
for 5 years. Infanticide is seldom seen in the courts.
MANSLAUGHTER
The Criminal Code defines manslaughter as any culpable
homicide that is not murder or infanticide. The actus reus of
manslaughter consists of killing someone through a wrongful
act, even if the killing of the individual was not intentional.
Ex. Nelson and Jimbo are fighting in a barroom brawl. Nelson
punches Jimbo in the jaw, knocking him backwards and causing
him to hit his head on the edge of the pool table. Jimbo dies
later that night from internal bleeding caused by the severe
concussion. Nelson wanted to him Jimbo but didn’t mean to kill
him but Jimbo died as a direct result of Nelson’s actions.
Nelson will be arrested and charged with manslaughter.
The mens rea of this offence is that any reasonable person
could have foreseen that the wrongful act would pose a risk of
bodily harm that was neither insignificant nor temporary. To be
found guilty of manslaughter, the offender did not foresee that
the wrongful act could result in death.
Sometimes, people charged with murder are convicted of
manslaughter. This happens if the accused successfully uses
one of two defences:
1. Provocation
It must be shown that the accused caused another’s death
“in the heat of passion caused by sudden provocation.”
The provocation must be a wrongful act or insult, and must
be something that would cause an ordinary person to lose
self-control (except for drugs and alcohol). If, after being
provoked, the accused has time to plan the killing of the
other person, the charge will be murder not manslaughter.
2. Intoxication
Intoxication is often significant in murder cases because
being drunk or “high” can affect a person’s ability to predict
the consequences of his or her intentions. The Crown
must prove both the killing and the necessary intent if the
accused uses intoxication as a defence. If there is doubt
as to the ability to form the necessary intent because the
accused ingested alcohol or drugs, the accused must be
found guilty of manslaughter, not murder.
SUICIDE AND EUTHANASIA
It is an offence to counsel or help anyone to commit suicide.
Until 1972, it was also an offence to attempt suicide. Assisted
suicide is a controversial issue. Some chronically ill people
have argued they have the right to assistance if they want to
end their suffering. Disability groups often oppose legalizing
assisted suicide because they believe people who have
disabilities may be pressured to end their lives.
A related issue is euthanasia (mercy killing). This means one
person acts to end the life of another. There are different levels
of consent for euthanasia: voluntary and involuntary euthanasia.
Voluntary euthanasia occurs when a patient expresses the wish
to die either in writing or verbally. Involuntary euthanasia would
occur if the individual is unable to make his/her wishes known
or does not want to die despite his/her condition.
Assisted suicide, voluntary and involuntary suicides are all
considered homicide under the Criminal Code. However, cases
involving elderly, disabled spouses are often dealt with
compassionately by the courts. Under Canadian law, patients
are allowed to refuse treatment if they are of sound mind. The
problem is if the patient is not of sound mind. Patients are
encouraged in some provinces to sign care directives so their
guardians will know what they want. Without a care directive,
legal guardians and physicians make the decisions based on
medical ethics and human rights legislation.
ASSAULT
The most common form of violent crime is assault (76% of all
reported violent crimes). The Criminal Code classifies assault
according to three levels.
1. Assault
2. Assault with a weapon or causing bodily harm
3. Aggravated Assault
Level one of assault is a hybrid offence and carries a
maximum penalty of 5 years’ imprisonment. Ex. Pushing
someone or threatening someone with violence.
Words by themselves cannot be considered an assault; they
must be accompanied by an act or gesture. Assault occurs
when any one of the following occurs:
Intentionally applying force to another person, either
directly or indirectly, without that person’s consent.
Attempting or threatening by act or gesture to apply
force.
Accosting or impeding another person, or begging, while
opening wearing or carrying a weapon or an imitation of
a weapon
Level two of assault is assault with a weapon or causing
bodily harm. This type of assault is defined as injuring a
person in a way that serious consequences for the victim’s
health or comfort. It may also involve carrying, using, or
threatening to use a weapon. This is a hybrid offence and
carries a maximum penalty of 10 years’ imprisonment.
Level three of assault is the most violent form and is called
aggravated assault. Aggravated assault is defined as
wounding, maiming, disfiguring, or endangering the life of the
victim. This is an indictable offence and carries a maximum
penalty of 14 years in prison.