Manslaughter
Manslaughter is quite a serious offence as it deals with a loss of life. A successful defence requires a lawyer that is well-versed in the different elements of the crime.
What is manslaughter?
Section 234 of the Criminal Code of Canada defines manslaughter as any culpable homicide that is not murder or infanticide. When someone causes the death of another person, they can be charged with manslaughter. It does not require intent to cause the death of another person.
Two common forms of manslaughter:
- Unlawful act manslaughter
If someone does a criminal act, such as assaulting another person, and that unintentionally leads to the death of another person, a charge for manslaughter can be made out. Objective foreseeability of the risk of bodily harm, which is neither trivial nor transitory, is required. It is not required that the death itself was foreseeable. - Criminal negligence causing death
For a manslaughter charge by way of criminal negligence causing death, a person’s act or their omission to act must be a marked departure from the standard of care expected of a reasonable person in those circumstances. Their act or their failure to act needs to show a wanton or reckless disregard for the complainant’s life, and the risk of bodily harm must be foreseeable.
How does manslaughter differ from murder?
Both murder and manslaughter are culpable homicides. Murder is an intentional homicide whereas manslaughter is a lesser charge whereby death resulted when there was no specific intention to cause the death.
Manslaughter is considered to be a “lesser included offence” to murder. That means that even if you are charged with murder, you could ultimately be convicted of manslaughter instead, if the element of intention is not made out. Additionally, the Criminal Code allows for the partial defence of provocation to reduce murder to manslaughter.
What is Unlawful Act Manslaughter
Unlike criminal negligence, murder, or other culpable homicides, unlawful act manslaughter refers to a situation where someone commits an illegal act against another person without intent to cause death but which eventually leads to the death of the victim. For example, someone could be charged with manslaughter when committing an assault without intent to kill or cause serious bodily harm that ultimately results in someone’s death.
How to Defend Against Manslaughter
Considering the grave consequences of conviction, it is vital to have an experienced manslaughter defence lawyer to contest the charges. A lawyer would be able to cross-examine the prosecution case and choose an effective defence strategy for achieving the most favourable possible outcome.
Common defences to manslaughter charges in Canada include:
- Self-defence. According to the Criminal Code of Canada, a person is not guilty of an offence when they act in self-defence, believing that there is a force used against them or a threat of such force being used, and their act is reasonable or proportionate to the circumstances.
- Defence of others. Likewise, a person is not guilty of an offence when they act to protect others from force or believe in the existence of a threat of force used against another person, and their act to defend other persons is reasonable under the circumstances.
- Accident. Where someone’s death results not from an illegal act or criminal negligence, the defence may argue that the death is accidental and does not constitute culpable homicide, such as murder or manslaughter.
Experienced Toronto defence lawyers can fight your manslaughter charges. Call 647-977-5852 or reach out online for a free review.
Manslaughter Sentence in Canada
The manslaughter sentence in Canada is defined in Section 236 of the Criminal Code. According to the Code, anyone who commits manslaughter is guilty of an indictable offence, which commonly entails longer sentences.
The maximum sentence a judge could impose for manslaughter is imprisonment for life. In cases where manslaughter involves using a firearm, there is also a minimum mandatory sentence of four years in prison.
Meanwhile, where there is no firearm involved, the minimum sentence is left to the discretion of the judge. In determining the duration of manslaughter sentences in Ontario, the judges follow the principles outlined in the criminal law, including Section 718.1 of the Criminal Code requiring a sentence to be proportionate to the gravity of the offence and the degree of the responsibility of the offender.
When imposing manslaughter sentences, judges take into account the presence of aggravating and mitigating circumstances. The examples of aggravating factors that may increase a manslaughter sentence in Canada include cases when the convicted has a previous criminal history, when the offence was motivated by bias, prejudice or hate or involved abuse of a member of the family or a minor. Meanwhile, the young age of the accused, presence of
Manslaughter Charges
When facing homicide or manslaughter charges in Canada, you can expect the police to keep you in custody after arrest due to the serious nature of the offence. It is in your best interests to use your right to remain silent and contact a manslaughter defence lawyer as soon as possible to avoid hurting your case.
As you have a constitutional right to bail, you cannot be denied bail without “just cause.” Meanwhile, you should be prepared to address the prosecution’s arguments if they disagree with your release on bail, for example on consideration that there is a flight risk or that your release poses a threat to the public.
During the pre-trial stage, you will have several pretrial appearances, including Crown pre-trial (CPT) and Judicial pre-trial (JPT) where you and your lawyer can discuss the position of the prosecution and have the judge assess the case. Before the trial, you have the right to choose whether you prefer your charges to be tried in Provincial Court, in Superior Court by a judge alone or in Superior Court by a judge and jury.
Manslaughter Defence Lawyers in Toronto
Given the seriousness of the offence and the gravity of the consequences, hiring a seasoned criminal lawyer is pivotal for your defence and the outcome of your case. JSM Law has experienced manslaughter defences lawyers in Toronto and other cities who successfully defended clients facing manslaughter charges in courts throughout Ontario and can help you mount a strong defence to secure the best possible results.
At JSM Law, we base our success in criminal cases on several pillars, including decades of combined experience with the Canadian system of justice, our knowledge of the criminal law as well as a result-oriented approach and personal attention to each client. We seek to achieve the most favourable possible outcome for our clients working hard to exceed expectations.
Consequences if found guilty
A guilty verdict for a charge of manslaughter carries the possibility of imprisonment for life. If a firearm was used, there is a mandatory minimum of four years in prison.
In addition, you will be subject to a weapons prohibition order. There is also a DNA order involved, where your DNA is kept in a national database by the RCMP. If you can demonstrate that the impact on your privacy and security of the person is grossly disproportionate to the public interest, then the judge may not make the order. That being said, due to the seriousness of the offence, it is very hard to successfully make this claim.
A lawyer can help you understand the possible ramifications of conviction. Moreover, they can help you avoid being convicted altogether. If you decide to plead guilty, they can negotiate with the Crown and present mitigating factors to the judge so you receive the best possible sentence in the circumstances.