Homicide

Homicide is the most serious offence in Canada.  A homicide can be anything from manslaughter to first degree murder.

Homicide is the most serious offence in Canada.  A homicide can be anything from manslaughter to first degree murder. Manslaughter charges stem from an unintentional homicide that resulted from criminal negligence or unlawful conduct.

First-degree murder can refer to a planned and deliberate homicide, murdering a police officer, or murder committed in the course of a certain other offences (such as sexual assault, or forcible confinement).

Second-Degree murder refers to intentional homicides that cannot be classified as first-degree.

Given the seriousness of the allegation, persons accused of homicide can usually expect a thorough police investigation involving an array of investigative techniques reserved for only the most serious kinds of offences.  Techniques include advanced surveillance, undercover operations such as a Mr. Big Sting, wiretaps, search warrants, and powerful police interrogations. 

These investigations are complex and if inappropriately conducted may result in a violation of your Constitutional rights. If police did not follow procedure when obtaining evidence and infringed your Charter rights, Roulston Criminal Defence Firm can apply on your behalf to exclude evidence. Often times, successful exclusion of evidence is the difference between a conviction and an acquittal.

Roulston Criminal Defence can also review the evidence against you to ensure that you haven’t been improperly identified.

In some instances, the best outcome in a Homicide case involves reducing a charge of first or second-degree murder to manslaughter. Doing so requires a multifaceted strategy that may include persuading a Crown Prosecutor. Roulston Criminal Defence Firm will work diligently on your behalf to form the best defence strategy given your circumstances.

A homicide conviction may mean life in jail. Certain homicide convictions carry mandatory sentences of incarceration that must be served in federal penitentiaries.

If you are convicted with first-degree murder, you will be sentenced to life imprisonment with parole eligibility after 25 years. If you are convicted with second-degree murder, you will be sentenced to life imprisonment with parole eligibility after a minimum of 10 years.

You will likely be placed in a federal penitentiary if convicted for first or second-degree murder.

If you are convicted with manslaughter, the sentence varies. Imprisonment is not mandatory unless the offence was committed with a firearm in which case there is a minimum sentence of four years imprisonment.