Murder

Overview

Murder is an offence against a person that ends in death of that person. According to Section 222(1) of the Canadian Criminal Code, “homicide is an act that directly or indirectly causes the death of another person (Olivo, 2014).” The Canadian Criminal Code includes the controlled drug and substance act, the food and drugs act, the income tax act, and the youth criminal justice act (Olivo, 2014). The Criminal Codes were made to recognize “not just offences against victims, but also society as a whole (Olivo, 2014).” These offences are considered serious due to the victim being dead, therefore no remedy is available for the victim directly (Olivo, 2014). There is however, a remedy for the victims’ families which includes the remedy of the offender being indicted. To be convicted, one must possess mens rea which is evil intent with a guilty mind, and actus reus which is evil action involving guilt (Olivo, 2014). Mens rea is more complicated to prove however. Courts must find the motive of why a person has commit such an offence, and if they intended to commit this offence (Olivo, 2014). Regarding intent, there are two main area’s that prosecutors focus on to try and prove the intention of the offence; recklessness and wilful blindness (Olivo, 2014). Recklessness is knowing the consequences of the risks, whereas wilful blindness is knowing better, but closing the mind to the consequences (Olivo, 2014). 

1.    Murder 

·       1^st degree murder is described as planned or “premeditated” with actus reus or mens rea present. The sentencing is life imprisonment without the possibility of parole for 25 years from the sentencing date. Can be found in Canadian Criminal Code under sections 229-231(5) (Olivo, 2014).

·       2^nd degree murder is described as intentional harm, although it is not planned or “premeditated.” 2^nd degree murder is in the middle of 1^st degree murder and voluntary manslaughter. The sentencing is also life imprisonment, although the possibility of parole is a less wait time – 10-25 years. Can be found in Canadian Criminal Code under sections 718-718.21 and section 745 (Olivo, 2014).

2.    Manslaughter

·       Voluntary manslaughter is described as deaths caused in “the heat of the moment” or by “crimes of passion.” Voluntary manslaughter has no cooling off period due to it being “in the heat of the moment,” so the intent of harm exists after the harm has already been caused (Olivo, 2014).

·       Involuntary manslaughter is described as deaths caused by lack of mental intent, otherwise known as negligence (Olivo, 2014).

·       Both voluntary and involuntary manslaughter offences are liable for life imprisonment (Olivo, 2014).

3.    Infanticide 

·       Infanticide is described as new-born deaths caused by mothers in a mental states, found in section 233 of the Canadian Criminal Code. The sentencing consists of imprisonment for less than 5 years, as found in the Canadian Criminal Code under section 237 (Olivo, 2014).

Indictable Offences Processes

v Pleadings – arrest, appearance notice, summons, and bail hearing (Olivo, 2014).

v Pre-trial – disclosure/evidence and plea negotiations (Olivo, 2014).

v Trial – must prove guilt/innocence beyond a reasonable doubt, defence can present evidence too, and the judge and jury decides sentencing of acquittal or conviction (Olivo, 2014).

Parties to an Offence

§  Aiding and abetting – “to help, assist, or facilitate the commission of a crime (Olivo, 2014)” and “to encourage, incite, or set another on to commit a crime (Olivo, 2014).”

§  Counselling – “a person who advises or solicits another person to commit an offence (Olivo, 2014).”

§  Accessory after the fact – “someone who assists or protects another after the other person has committed a crime (Olivo, 2014).”  

Defences

o   Automatism – “an unconscious, involuntary act, where the mind does not go with what is being done (Olivo, 2014).”

o   Duress – acted as results of threats to self or another person (Olivo, 2014).

o   Provocation – average person would lose control too, so charges reduced (Olivo, 2014).

o   Necessity – compelled to commit an offence (Olivo, 2014).

o   Self-defence – to fend off the attacker (Olivo, 2014).

o   Mental disorders – renders persons quality and nature of actions (Olivo, 2014).

o   Intoxication – can reduce charges (Olivo, 2014).

o   Consent – victims consented to action taken against them, like fighting (Olivo, 2014).

o   Mistake of fact – not knowing the facts of something, then leads to criminal charges (Olivo, 2014).

Supreme Court of Canada

               The case I’ve chosen relates to my topic of murder due to the fact that the victim died of physical abuse in 2011. The victim, 6 year old Meika Jordan, died after spending a weekend with her biological father, Spencer Jordan, and her step-mother, Marie-Eve Magoon. Meika suffered serious abuse such as being burned deliberately, hit in the head, and hit in the stomach so hard that it had actually caused internal organ damage. Spencer and Marie claimed that this abuse was a form of disciple/punishment. However, the “judge found that they intended to harm Meika in a way that was likely to cause her death, and that they were reckless about whether she actually died.” With that being said, they were charged with 2^nd degree murder, as the judge was not satisfied “that they had unlawfully confined Meika while inflicting the injuries.” Furthermore, Spencer Jordan and Marie-Eve Magoon tried for an appeal but were denied on November 27^th of 2017. This denial of an appeal allowed the Crown to appeal and upgrade the charges from 2^nd degree murder to 1^st degree murder based on that fact that Meika’s confinement was unlawful, and therefore was “an aggravating circumstance”, which is an element of the 1^st degree. Nevertheless, the Supreme Court of Canada agreed with the Crown’s position and the Alberta Court of Appeals that these actions were beyond discipline/punishment, making the charges upgrade from second to first degree murder (Alberta, 2019). There has not yet been an outcome of this case. However;

·       First degree murder carries an automatic life sentence without parole for 25 years.

·       Unlawful confinement does not need to be physical, as it can just be controlling conduct that results in confinement.

·       In parenting cases, parents abuse their child beyond acceptable forms of parenting “styles” and therefore lose their authority to restricting their own child’s liberty. 

1.    What did you learn about the topic that surprised you?

What I’ve learned that surprised me about the topic of “murder” is that there are many “defences” you can claim.

2.    What are you most likely to remember from this research?

I think I am most likely to remember from this research based on murder that even if you are charged with second degree murder at first, it can upgrade to first degree murder based on the circumstances. 

 

Mei ka Jordan, the 6 year old who sustained such severe injuries eventually leading to her death and the murder charges of her biological father Spencer Jordan, and her step-mother Marie-Eve Magoon.