An accidental killing occurs when one does not intend to kill another person, but their actions led to someone else’s death. In this case, they may be charged with manslaughter. This is because the action in question is not murder, because there is no intent to kill, rather, it was an accident that could have been avoided.
What is Manslaughter?
Manslaughter can sometimes be hard to define. Manslaughter deals with crimes where individuals do not have the intention to kill, however, the action being carried out has potential risk to cause harm. The main question being asked is ‘would a reasonable person have seen the harm in carrying out the specified action?’ Manslaughter deals with the possibility of one’s action causing harm.
There are 2 Forms of Manslaughter:
- Criminal negligence-The accused failed to take precautions that a reasonable person would have taken to avoid harm
- Unlawful Act-This form of manslaughter deals with crimes that were already in progress that resulted in a death. For instance, an individual drives impaired and kills someone.
What are the Punishments for Manslaughter?
The punishments for manslaughter depend on the circumstances.
- There is no minimum sentence for manslaughter, however, there is a maximum sentence of life imprisonment
- If a weapon is involved, the minimum sentence is 4 years to life
According to The Criminal Law Notebook, the average sentence for a manslaughter conviction in Ontario is 7-12 years. If the crime involved a weapon, the average sentence increases to 8-12 years. However, every case is different and will receive a different sentence depending on the crime.
It is important to note that the Crown only has to prove that the action in question would cause foreseeable harm. They do not need to prove that the action would cause foreseeable death. This means that the Crown must prove that an average person would have saw the serious harm in the action being performed.
Dealing with manslaughter charges can be difficult. It is crucial to have experienced lawyers by your side to assist you in navigating such a serious offence. If you are charged with manslaughter, contact our office today at (905) 541-2228 or fill out a form for a free consultation.
