LAWS 2302 Lecture Notes - Lecture 8: Murder, Culpable Homicide, Actus Reus
3 Aug 2016
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Document Summary
Homicide offences: three main provisions of homicide in the criminal code. Culpable murder: 229 means to cause death. Anything that does not fall under this outline (or the outlie of infanticide) = manslaughter. 2nd degree life in prison: difference: parole ineligibility period amount of time to serve in custody before eligible parole. 2nd degree: 10 years: judge has no discretion, punishment is set out. Manslaughter no mandatory minimum, maximum = life in prison: actus reus of causing death. Starting point of actus reus: causing the death of another human being. Statutory provisions: 222(1) homicide directly or indirectly by any means have cause the death of another person = homicide based offence, 224/225 causation in homicide, chain of causation isn"t broken. S. 226 acceleration: acceleration of death through some preexisting condition, thin skull principle. Smithers person could be liable for homicide based offence if they were a contributing cause outside the diminimus range.
