The Difference Between Murder and Manslaughter

What is the difference between murder and manslaughter? Under Canadian homicide laws, murder and manslaughter are both crimes involving the unlawful killing of another person. The differences in the legal definitions of the two classes of crimes are significant in understanding and defending either type of case.

Murder under Canadian law is the intentional act of taking another person’s life unlawfully. Manslaughter is the act of causing someone’s death without the criminal intent to kill. A criminal defence lawyer explains more about the differences below.

Categories of Murder

There are two classifications of murder under Canadian law: first-degree murder and second-degree murder.

First-Degree Murder

This is the most serious classification of homicide. It requires premeditation and deliberate planning of an action intended to cause death. The government must prove that a defendant planned to kill and intended to take the steps necessary to carry out the plan.        

A murder committed in the conduct of a separate crime or connection with a criminal organization can also qualify as first-degree murder.    

First-degree murder carries a sentence of life imprisonment with no eligibility for parole for 25 years.       

Second-Degree Murder

Second-degree murder is an intentional homicide carried out without premeditation. The prosecution must prove that death resulted from an action intended to cause serious bodily harm but does not have to prove prior planning of the act.      

Like first-degree murder, a conviction of second-degree murder carries a sentence of life imprisonment. However, eligibility for parole begins as early as ten years after conviction. Parole eligibility may be delayed up to 25 years after conviction, depending on the case’s specific details.   

Manslaughter               

What is the difference between murder and manslaughter? Manslaughter differs from murder in that it doesn’t require proof of the intent to kill. The government must prove a defendant committed a violent or illegal act that unintentionally causes death to convict a defendant of manslaughter. 

Criminal negligence or reckless disregard for human life causing death can also support a manslaughter conviction.

There is a wide range of possible punishments for manslaughter — from a suspended sentence to life imprisonment with eligibility for parole after seven years.  

The Role of an Experienced Defence Lawyer

Experienced defence lawyers work hard to understand the reasoning behind the prosecutor’s charging decisions and approach to your case to develop challenges to the government’s evidence and arguments. 

Proper defence of a homicide case requires a skilled defence lawyer who understands the complexities of criminal law. A criminal defence lawyer’s experience and legal knowledge are critical to protecting your rights and developing a thorough defence strategy. 

Contact Passi & Patel for Professional Legal Representation

If you’ve been accused or arrested on a murder or manslaughter charge, your entire future is at stake. If you have questions about the difference between murder and manslaughter or any other issue regarding criminal law, reach out to the team at Passi & Patel for assistance. 

We can help you evaluate your options with any criminal case and provide professional representation through all phases of your criminal court case.

Call Passi & Patel today at (905) 459-0004. Our experienced and compassionate lawyers are here to help you.