By: William Jaksa Criminal Litigation November 7, 2023

MANSLAUGHTER SENTENCING IN CANADA

What is Manslaughter? Is it Murder?

Manslaughter is a criminal offence that involves the unlawful killing of another person without premeditation or intent. It is considered a less serious offence than murder, which involves the premeditated or intentional killing of another person.

Manslaughter can occur in a variety of circumstances, including in cases where the accused was engaged in a lawful activity but was reckless or negligent in their actions, resulting in the death of another person. It can also occur in cases of criminal negligence, where the accused’s actions showed a wanton or reckless disregard for the life and safety of others, resulting in death.

It is important to note that in order to be convicted of manslaughter, the Crown prosecutor must prove that the accused caused the death of the victim and that their actions were a significant contributing factor to the death. Additionally, the Crown must also prove that the accused had the mens rea (guilty mind) for manslaughter.

In summary, manslaughter in Canada is a criminal offence that consists of the killing of another person without premeditation or intent, but with an element of recklessness or negligence in the actions that caused the death.

Manslaughter Lesser Offence Than Murder Charge

Manslaughter is considered a lesser but included offence to both first degree murder charge and second degree murder. This means that in some cases, a person can be charged with both murder and manslaughter, but if convicted, the person will only be sentenced for the more serious charge of murder.

This is because manslaughter is a less serious form of culpable homicide than murder, as it involves the unlawful killing of another person without premeditation or intent. In contrast, murder involves the premeditated or intentional killing of another person.

However, in some cases, the Crown prosecutor and police may choose to charge the accused with both murder and manslaughter, as the evidence may support either charge. This is known as “alternative count” charging and is fairly rare, but does occasionally happen. The Crown Attorney may also charge an accused with manslaughter when the evidence does not support a charge of murder, but does support a charge of manslaughter.

It is important to note that the Crown must prove the elements of both murder and manslaughter beyond a reasonable doubt. An experienced criminal defence lawyer can assist in navigating the legal process and building an effective defence against the charges.

Finally, manslaughter is considered a lesser but included offence to murder, which means that it is a less serious form of culpable homicide than murder, but it is still considered a criminal offence and carries severe penalties.

What is the Maximum Sentence for Manslaughter? Life Sentence?

What is the maximum sentence or plenty for manslaughter in Canada? In Canada, the maximum sentence for manslaughter is imprisonment for life.

Manslaughter is a serious criminal offence that is punishable by imprisonment for life. This severe penalty for manslaughter is intended to serve as a deterrent to those who might consider committing this type of crime and as a means of protecting society from dangerous individuals. The maximum sentence of life imprisonment reflects the gravity of the crime, which involves causing another person’s death. Additionally, the sentence may take into account the degree of intent, the presence of aggravating or mitigating factors, and the offender’s prior criminal history.

A life sentence in Canada means 25 years in jail before becoming eligible for parole. It’s important to note that a life sentence does not mean the offender will spend the rest of their life in prison, but it does mean that they will remain under the jurisdiction of the Correctional Service of Canada for the rest of their life. A life sentence offender may be granted parole, but they may also be returned to prison if they violate the conditions of their parole.

What is the Minimum Punishment for Manslaughter in the Criminal Code?

There is no minimum sentence for manslaughter in Canada, unless a firearm is used. When a firearm is used there is then a minimum sentence of four years of imprisonment. The specific sentence that an offender receives for manslaughter is determined by the trial judge and is based on a number of factors, including the offender’s degree of culpability, the presence of aggravating or mitigating factors, and the offender’s prior criminal history.

Aggravating factors that may lead to higher sentences include the use of a weapon, the presence of a prior criminal record, and the vulnerability of the victim. Mitigating factors that may lead to a more lenient sentence include the offender’s remorse, the lack of prior criminal record, and the offender’s mental health at the time of the offence.

Sentencing Considerations for Manslaughter Cases

In Canada, there are several sentencing considerations for manslaughter. Some of the most common considerations include:

The degree of responsibility of the offender: The offender’s level of involvement in the crime will be taken into account when determining the sentence. For example, if the offender played a minor role in the crime, they may receive a lighter sentence than if they were the principle actor.
Past criminal history: A prior criminal record can be considered as an aggravating factor, which may result in a harsher sentence. Especially if there are already convictions considered violent under the criminal code.
Remorse and willingness to accept responsibility: An offender’s remorse and willingness to take responsibility for their actions can be seen as mitigating factors, which may result in a lighter sentence.
Impact of the crime:The court will consider the emotional and financial impact of the crime on the victim’s family and loved ones, and the community at large, and this may be an aggravating factor that results in a harsher sentence.
Prospect of rehabilitation: a sentencing judge should consider an offender’s rehabilitation prospect where possible and appropriate.
Other relevant factors: The court will also take into account any other relevant factors that may have contributed to the commission of the crime, such as a sexual assault, if it was committed with a firearm, or another unlawful act.

It is important to note that these are general considerations, and the specific sentence imposed in a particular case will depend on the unique circumstances of the crime, as well as the offender’s criminal history and other relevant factors. An experienced criminal defense lawyer can assist in presenting mitigating factors and potentially reduce the sentence.

Defences for Manslaughter – Sudden Provocation & Self Defence

There are many defences for manslaughter depending on the facts of the case, an experienced criminal lawyer will be identify these upon review of the case. However, two common defences to manslaughter are sudden provocation and self-defence.

One of the most frequently used defences to manslaughter is self-defence. This defence applies when the accused claims that they were protecting themselves from imminent harm or death at the time of the alleged manslaughter. To successfully use this defence, the accused must have had a reasonable belief that they were in danger and that the force used was necessary to protect themselves. However, there are limits to self-defence.

Another common defence is the defence of provocation, or sudden provocation. This applies when the accused claims that they were provoked into committing the act of manslaughter. To be successful with this defence, the accused must have been provoked in such a way that a reasonable ordinary person would have been induced to lose self-control and commit the act. Additionally, the accused must have acted in the heat of passion and not have had time to cool down before committing the act.

Why Hire William Jaksa – Experienced Criminal Lawyer

An experienced criminal defence lawyer is required when someone is charged or accused of manslaughter or murder for several reasons:

Complexity of the legal process: The legal process for manslaughter and murder cases can be complex and requires a thorough understanding of criminal law and procedure. An experienced criminal defence lawyer will have the knowledge and skills necessary to navigate the legal system and build a strong defence on behalf of their client.
Severity of the charges: Both manslaughter and murder are serious criminal offences that carry severe penalties, including the possibility of life imprisonment. An experienced criminal defence lawyer will be able to advise their client on the potential risks and consequences of the charges, and work to mitigate those risks through the use of legal defences and plea bargaining.
A strong defence: In order to be convicted of manslaughter or murder, the Crown must prove their case beyond a reasonable doubt. An experienced criminal defence lawyer will be able to challenge the Crown’s evidence, identify weaknesses in their case, and present evidence in support of their client’s innocence.
The need for mitigation and plea bargaining: An experienced criminal defence lawyer will be able to identify mitigating factors and potential grounds for plea bargaining in order to reduce the potential sentence.
The right to a fair trial: The right to a fair trial is a fundamental right protected by the Canadian Charter of Rights and Freedoms, and an experienced criminal defence lawyer will be able to ensure that their client’s rights are protected throughout the legal process.

An experienced criminal defence lawyer is essential when someone is charged or accused of manslaughter or murder because the legal process is complex, the charges are severe, the need for a strong defence and a fair trial is crucial, and the lawyer can work to mitigate the risks and consequences of the charges.