Toronto Murder Lawyer
Murder is the most serious criminal offence under the Criminal Code of Canada. A murder charge attracts all of the following:
- A significant risk of being detained pending trial
- Life sentences
- A lengthy, protracted court process which often lasts 2-3 years
Locating the right Toronto Murder Lawyer is key to protecting your rights and interests along the way.
Classifications of Murder
Murder is classified into first degree and second degree murder. First degree murder involves planned and deliberate killing, or occurs in specific circumstances such as the murder of a police officer. Second degree murder encompasses all other types of murder that do not meet the criteria for first degree murder. Regardless of which type of murder charge you are facing, a Toronto Murder Lawyer would be able to craft a legal strategy to defend your case.
In order to develop a defence, you first would need to understand what the elements of the offence are, which are requirements that the Crown must prove for an accused to be found guilty.
Elements of Murder
The essential elements of murder include the unlawful act causing death and the requisite mental state, which is either the intention to cause death or to cause bodily harm that is likely to result in death, with recklessness as to whether death ensues. There are a number of legal terms that would not be understood by a lay person, including:
- Recklessness
- Bodily harm
- Intent
An experienced Toronto Murder Lawyer will navigate whether the Crown’s case may be weak in establishing one or more of these elements.
Punishments for Murder
What happens if you’re found guilty?
The punishment for both first degree and second degree murder is life imprisonment. However, the parole eligibility differs: for first degree murder, parole eligibility is set at 25 years, while for second degree murder, it can range from 10 to 25 years, depending on the circumstances. A Judge makes a determination of parole eligibility based on the nature of the crime in question.
Potential Defences to Murder
Several defences can be raised in a murder charge:
- Self-defence
- Necessity
- Automatism not caused by a mental disorder R. v. Newborn, [2020] A.J. No. 349.
- Provocation (a partial defence, and can reduce a murder charge to manslaughter if the accused acted in the heat of passion caused by sudden provocation)
- Intoxication (a partial defence, if it negates the specific intent required for murder, potentially reducing the charge to manslaughter)
- Mental disorder
A further defence strategy is to call into question the identity of the murderer, and point to a specific person other than you. This requires a special application, known as an Alternative Suspect Application.
Finally, the defence of alibi has been raised in murder trials, which would afford a complete defence, as it calls into question the identity of the suspect, which is an element of Tte offence that the Crown must prove.
In cases involving domestic violence, the defence may focus on the history of abuse to argue that the accused acted in self-defence or under duress. This can involve presenting expert testimony on the psychological impact of prolonged abuse. Additionally, intoxication can sometimes be used as a defence to argue that the accused did not have the specific intent required for a murder conviction, although this is less commonly successful.
A clever Toronto Murder Lawyer can review your disclosure and determine which defences to focus on for your trial.
Retaining a Toronto Murder Lawyer
In summary, the law on murder in Canada involves a detailed framework of classifications, punishments, and defences, ensuring that each case is evaluated based on its specific facts and circumstances.
Retaining a Toronto Murder Lawyer is your next critical step. Contact Andrew Captan, Toronto Criminal Lawyer, for a free consultation at (647) 878 – 6355 or e-mail him at andrew@captanlaw.com
