yes that is EXACTLY what i am saying, lets see you put your foot in your mouth, go ask a criminal lawyer
Manslaughter for Passenger Fatality..
- Thread starter invictus43
- Start date
yes that is EXACTLY what i am saying, lets see you put your foot in your mouth, go ask a criminal lawyer
Ahh no.
your right, but i think from all the research i did today only with these particular offences
planned and deliberatecontractedcommitted against an identified peace officerwhile committing or attempting to commit hijacking an aircraftwhile committing or attempting to commit sexual assaultwhile committing or attempting to commit sexual assault with a weaponwhile committing or attempting to commit aggravated sexual assaultwhile committing or attempting to commit kidnapping and forcible confinementhostage takingwhile committing criminal harassmentcommitted during terrorist activitywhile using explosives in association with a criminal organizationwhile committing intimidation.[4]
In Canada it's the difference between getting a lenient sentence and a more lenient sentence.
GP_RZ
Well-known member
Caboose i think that sums it up pretty well, all the talk about this situation is just that! we will see when the day in court happens, my buddies father was killed back in 1997 ridinging his old silverwing to his afternoon shift at the then called LOF glass plant in Collingwood, A 16 year old male from Creemore was driving his dads truck on a rural paved road and was passing on a hill and killed the motorcyclist on impact, his charge... dangerous driving causing death, his sentence 6 month driving suspension. I think manslaughter will be hard to stick to this case IMHO whatever the outcome it will be pretty light on the penalty!
Comrade Yeti
Member
http://blog.torontodefencelawyers.com/tag/second-degree-murder/
"The plan to kill need not be elaborate or complicated and the deliberation need not be lengthy. All that matters is that you planned to kill the person at some point and that you deliberately carried out your plan."
As I read, to be second degree murder, he'd have to have the intent of killing her by pushing her off the bike. Since its pretty clear that, IF pushed, his intent wasn't to kill anyone that night, it was to get away from the police, its manslaughter. He did not at the instant the lights come on decide it was a prime opportunity to kill someone, so it cannot be murder (1st or 2nd).
(And even if it was his intent, do you think the crown has the evidence to prove so?)
yamahar1
Active member
No, I don't think it was 1st or 2nd degree murder.
My question was directed towards Moreno who seems to be unable to differentiate between 1st and 2nd degree.
Comrade Yeti
Member
Sorry, I lost track of who couldn't figure it out... no offence intended. Moreno, my post's for you.
arazumien
Member
Murder is first degree when any of the following conditions are satisfied: It is ‘planned and deliberate’. The victim is a member of a special group of individuals that includes among others, police officers and jail guards. The victim is killed during the commission of hijacking an aircraft, sexual assault, kidnapping, forcible confinement or hostage taking. The accused has been previously convicted of first or second degree murder.
agreed. riding with a passenger if something happens, well...yah
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No problem.
Based on Moreno's description, i can't imagene a case where a murder is not 'planned and deliberate'. My question was directed towards him.
Second degree murder
(7) All murder that is not first degree murder is second degree murder.
This is what would constitute 2nd degree murder as laid out by the Criminal Code of Canada.
Take the same example with the guy pushing the chic of the back of the bike, and take out the part where he doesnt tell his riding buddy that this is what he would do in the event of a chase.
All laws are written in abstracts for a reason. Crimes don't come in little cookie cutter CSI episodes. They have varying factors and elements, if certain factors (or elements) are present then the crown can choose to present a case for the corresponding charge (1st degree Murder). It is then up to the courts and judge to see if the charge has any merit. This is why when a judge sets a precedent he is as broad as possible while trying to bring some clarity to a law.
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devil999
Member
not to be an axx, but you know "law and order" is just for entertainment purposes right..? little advice from my prof, dont take those law terms seriously , and think you can throw out those terms when problems arrive....
yea , you might feel more educated in that field if they sound perfessional, just like anyother shows. i.e criminal minds = pshyco analysis; csi = forensic science etc etc....
seriously, dont make references from those shows... people dont pay $15000 + a year for law school, if they can get the info on TV..........
adamwest
Well-known member
sad day indeed. here's hoping that this guy just cops a plea instead of some lawyer trying to convince us she was suicidal.
so, i'm just spit balling here, but i'm pretty sure this dude's premiums are gettin jacked up -- as well as parts of his anatomy upon arrival at his future address.
if ever does get out, it's likey he'll be needing to invest in some good walking shoes. if we should cross paths, i'll be sure to offer him a ride on the back of my blade. *wink*
cheers! and ride safe.
so, i'm just spit balling here, but i'm pretty sure this dude's premiums are gettin jacked up -- as well as parts of his anatomy upon arrival at his future address.
if ever does get out, it's likey he'll be needing to invest in some good walking shoes. if we should cross paths, i'll be sure to offer him a ride on the back of my blade. *wink*
cheers! and ride safe.
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