There are three types of murder cases found in Canada. First degree murder is one of them, and it is also known as unlawful killing. It is such a crime that should not be committed even with a valid reason. But once it is done due to bad temper, the punishment can also be whole life in prison.
It needs proper planning and a couple of days to make the murder done. However, it is essential to communicate with an attorney without wasting any time if you have faced such a crime.
First Degree Murder Definition
When someone aims to kill a person intentionally, and due to this, the victim dies, it will be defined as 1st-degree murder. It is done with a full proof plan so that the target has no chance to be alive hereafter.
To kill someone who needs a lot of courage and valid reasons. A normal person with no mental disorder will not even think of such a heinous crime. Moreover, nobody has the right to take away another’s life, even having a solid reason.
This kind of murder is done mostly to take revenge or suffer mental issues. And there is only one punishment for this, which is life imprisonment.
What is Known as a Perfect 1st-degree Murder
There are some criteria to state the crime as first-degree murder. Without those, the incident will not be recognized as 1st degree murder as there are two more types of murder. So the specific terms and conditions are:
- Premeditation of murder
- Specific reason to do the murder
- Sometimes giving the contact to a professional murderer
- Killing the person with the concern that he will surely die
If any of these actions is absent, then the crime will not be a perfect 1st degree murder. Now you may ask then, what will be the name of the crime? So, it will be known as second-degree murder.
Read Also: Criminal Code of Canada
1st-degree Murder vs Second Degree Murder: What is The Difference?
There are some significant differences between first-degree and second-degree murder. From the above information, you have already known the definition of 1st degree murder.
That means if the murder is done through perfect planning and with solid reasons, then it is 1st-degree murder. On the other hand, if the murder takes place all of a sudden without an intention, it is known as second-degree murder.
For more easy understanding, we are providing you with clear examples.
First-degree murder: Suppose, one day, you have returned from the office early and saw that your wife has an extramarital affair with your friend. Catching the odd situation, you became so much angry and started planning to kill your friend. And finally, one evening, you kill him while he was going to the gym as always. In this case, the maximum punishment is life imprisonment.
Read Also: Break and Enter Criminal Code
Second-degree murder: Suppose you are having a tough fight with your friend over a conversation. And you became so much angry that you broke a wine bottle on his head without knowing the consequences. It might look ordinary, but the pressure was so much that he died on the spot. In this case, the maximum punishment is up to 40 years imprisonment.
First Degree Murder in Canada
In Canada, police receive several cases related to 1st degree murder every few months. Even in the running year, many such cases have come.
For example, in May 2020, a 23-year-old man was murdered by shooting in Toronto. The police said that a 17-year-old boy had committed this crime. The victim was then taken to hospital in serious condition, and he died there.
In March 2020, a 24-year-old man was murdered by injecting over drug in Peterborough. The police said that an 18-year-old woman had done this crime. But at that time, she was only 17 years old. However, it was a planned and thoughtful attack.
Read Also: How to Get a Pardon in Canada Fast?
In November 2020, a 27-year-old man was murdered by shooting in Oshawa. The police attested a 35-year-old man and took him to a trauma center as he was also injured during the gunshot. The victim was taken to the hospital, but he could not survive.
First-degree Murder Punishment in Canada
There is no law regarding the death sentence in 1st degree murder. However, there is a dedicated first degree murder criminal code in Canada available according to the Government. The maximum punishment that the defaulter can receive is life in prison.
Other than that, the punishment chart, according to the government, is given below. We have illustrated the First Degree Murder Sentence in Canada. Let’s check it.
|Situations||Period Of Punishment|
|In general||25 years|
|16 to 17 years old at the time of offending the crime||10 years|
|14 to 15 years old at the time of offending the crime||5-7 years|
1st degree Murder Defenses: Mistaken Character
After a person commits murder, he tries to run from the eyes of the law to save his life. But police must look for the main culprit even from the underground. During the investigation, the people who were around are interrogated, the CCTV footage is checked, and so on.
After that, the most suspected people are taken under custody. However, there is a rule that the defaulter might not get punishment, but an innocent should not be punished.
If your friend or colleague has been accused in a murder case that he was not involved in, suggest him to contact an attorney at the earliest time. The professional criminal solicitor will be perfect as he has enough experience dealing with many such cases.
He can help him by gathering all the detail like where he was during the incident, how he is not connected with the murder, and many more.
1st-degree Murder: Self-defense Homicide
It is obvious that if the opposite person gets to know that he is going to be under an attack, he will do whatever is necessary for his protection. He might also kill the person who came to kill him. Yet, he actually did it in self-defense.
But in the eyes of the law, it is also a crime. He needs to hire an attorney to defend him as soon as possible as he did not do it intentionally. It sounds somewhat like sound-degree murder. However, after the case reaches the court, he will be charged less than required through the exact proof. You must know how does first degree murder charge in Canada works in legal systems.
1st-degree of murder can be confusing to some people, but in reality, it is not. Hope you have understood after going through the entire article. Above all these, this is the most heinous crime that anybody can commit.
If you have any complaint, take the help of the law. Do not take the judgment in your hand as its consequences will be more dangerous. Nobody wants to live in a dark, unhealthy room, leaving the comfortable AC room behind.
Therefore, it is ideal for keeping your self safe from all these deeds and immediately take the help of a senior solicitor if you are ever accused as a defaulter that you are unaware of. You must go through the entire article on 1st degree murder so that you can use it whenever you need it.