Homicide (Offence)

From Canadian Criminal Law Notebook
Jump to: navigation, search

Generally

Homicide is the causing of death of another person (s.222(1)), irrespective of whether there was any intention to cause death or if it was by accident. There is culpable homicide and non-culpable homicide.(s. 222(2)).

Homicide
222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. Kinds of homicide
(2) Homicide is culpable or not culpable.
Non culpable homicide
(3) Homicide that is not culpable is not an offence.
Culpable homicide
(4) Culpable homicide is murder or manslaughter or infanticide.
Idem
(5) A person commits culpable homicide when he causes the death of a human being,

(a) by means of an unlawful act;
(b) by criminal negligence;
(c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.

Exception
(6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.
R.S., c. C-34, s. 205.


Culpable homicide refers to the types of homicide for which there are criminal penalties. It includes causing death (s.222(5)):

  • by means of an unlawful act,
  • by criminal negligence,
  • by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death, or
  • by wilfully frightening that human being, in the case of a child or sick person.

The Criminal Law recognizes three types of culpable homicide (s. 222(4)):

  1. Murder (Offence): Both first and second degree murder
  2. Manslaughter (Offence)
  3. Infanticide (Offence)