The Definitions of Murder and Attempted Murder
There are two types of murder defined in the Criminal Code of Canada; first-degree murder and second-degree murder. Both are indictable offences in Canada, meaning they are more severe than many other crimes.
Section 229 of the criminal code indicates that homicide is murder when a perpetrator causes the death of a human being. The perpetrator must intend to cause their death or inflict bodily harm that they know is likely to cause the victim’s death and recklessly inflicts the bodily harm anyway. Section 231(2) defines first-degree murder as planned and deliberate. There are also numerous forms of murder that are specifically defined as first-degree murder. For example, section 231(4) deems any murder of a peace officer as first-degree murder, even when it is not planned and deliberate. Section 231(7) defines second-degree murder as murder that is not in the first degree. In other words, any instance where an action meets the definition of murder created by section 229 of the Criminal Code but does not amount to first-degree murder is automatically second-degree murder.
Section 239(1) of the Criminal Code defines attempted murder. The Supreme Court of Canada has said that attempted murder requires proof of the specific intent to kill. This means that an intention to cause bodily harm that the perpetrator knows could kill the victim is not sufficient to establish attempted murder.
The Penalties of Murder and Attempted Murder
Now that we have outlined the legal definitions, let’s explore the differences in penalties for murder and attempted murder. The penalties for murder and attempted murder are similar but not the same. Section 235(1) of the Criminal Code reads: “Everyone who commits first-degree murder or second-degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.” The main distinction between first-degree murder and second-degree murder is parole eligibility. Section 745 of the Criminal Code says that an accused convicted of first-degree murder is not eligible for parole until they have served a 25-year sentence. An accused convicted of second-degree murder is not eligible for parole for 10 years.
Section 239 (1)(b) of the Criminal Code says the maximum penalty for attempted murder is a life sentence. However, there are specific exceptions. The mandatory minimum is five years for a first offence with a restricted firearm, seven years for a second offence, five years if the accused committed the act for a criminal organization with a firearm, and four years for an offence using any other type of firearm. The maximum penalty is always a lifetime sentence.
Overall, attempted murder is treated similarly to murder. This is because the stigma with a conviction for attempted murder is the same as it is for murder. The Supreme Court of Canada has described an accused in these cases as “no less a killer than a murderer: he may be lucky… but he still has the same killer instinct.” The sole reason why the mandatory minimum for attempted murder differs from the mandatory minimum for murder is because in attempted murder cases, the victim is still alive.
How Collett Read LLP Can Help with Murder Charges
If you have been accused of attempted murder, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.