Murder is the most serious offence in the Criminal Code. Murder is always an Indictable offence. From the moment a person is charged with murder, their case will be dealt with in the Superior Court. This includes bail.

To understand murder, one must first understand “Homicide”: Homicide is defined as the death of one person caused by another. Homicide can be either “culpable” (such as murder and manslaughter), or, non-culpable (such as an accident). “Murder can be classified as First Degree (where it is planned and deliberate), or, Second Degree (where there was no pre-planning). Often, an accused person is charged with First Degree murder and is convicted of the lesser offence of Second Degree murder, or, manslaughter.

The penalties for causing the death of another person cover a wide range. The minimum penalty for First and Second degree murder is life imprisonment. Manslaughter has no minimum penalty. The most significant difference between First and Second degree murders generally lies in parole eligibility. This concept is complicated and requires an in person consultation .

If you intentionally cause somebody’s death, or, you meant to cause the person serious bodily injury and the person dies, then you are guilty of murder. The murder then is characterized as either first degree or second degree.

First degree murder is defined in one of two ways. Firstly, if you plan and deliberate about your actions. Meaning that you had some prior design or prior intention to cause death. Secondly, if you commit murder in the course of committing another crime. For example, if you are in the process of committing a sexual assault or committing a forcible confinement, or, if you have taken hostages, even if you did not mean to cause death when you began the process, but death occurs while you are committing one of these offenses, then you are guilty of first degree murder. An intentional killing that is not first degree murder then becomes second degree murder. But, you still need intention for second degree. Without intention, there is no murder.

Manslaughter is a death that occurs unintentionally, but through an intentional act - not including situations of self defence. If you have caused another person’s death, and you have done so unintentionally, you may be guilty of manslaughter. So, for example, if you intentionally drive your car into another person, and the person dies, even if you didn’t mean to kill the person, you are guilty of manslaughter.

Our office is mainly focused on cases in London, Ontario and surrounding areas, although in some circumstances we have taken on cases outside of this area. Ellis Criminal Law has assisted clients from coast to coast - travelling to British Columbia, Halifax and the far north to defend clients. We have also assisted clients in the United States and Europe. We are willing to travel to assist you. If you're interested in obtaining legal counsel from Ellis Criminal Law please call our office and set up an appointment so we can review the specifics of your case.