INTRODUCTION AND BRIEF DESCRIPTION
This section excludes culpable homicide for causing death through influence on the mind, except in the case of willfully frightening a child or sick person.
SECTION WORDING
228 No person commits culpable homicide where he causes the death of a human being (a) by any influence on the mind alone, or (b) by any disorder or disease resulting from influence on the mind alone, but this section does not apply where a person causes the death of a child or sick person by wilfully frightening him.
EXPLANATION
Section 228 of the Criminal Code of Canada provides an exception to the definition of culpable homicide, which is the act of causing the death of another person. This exception applies in cases where the death of a human being is caused solely by the influence on the mind, or any disorder or disease resulting from such influence on the mind. This section implies that a person who causes the death of another individual while suffering from a mental health condition may not be held criminally responsible if their mind was the sole cause of the death. However, the exception does not apply in cases where a person causes the death of a child or sick person by wilfully frightening them. In such instances, the person causing the death would be considered criminally responsible. The purpose of this section in the Criminal Code of Canada is to provide a level of protection for individuals who may be suffering from a mental health condition that impairs their judgment and decision-making capabilities. It recognizes that such individuals may not have the same level of control over their actions as someone who is of sound mind and body. Overall, section 228 of the Criminal Code of Canada strikes a balance between protecting the rights of individuals with mental health conditions and ensuring that those who intentionally cause harm to others are held accountable for their actions.
COMMENTARY
Section 228 of the Criminal Code of Canada addresses the concept of culpable homicide, which refers to the unlawful killing of a human being. The section provides two exceptions where a person cannot be held guilty of culpable homicide if they cause the death of a human being by influence on the mind alone or any disorder or disease resulting from such influence. However, this section does not apply if a person causes the death of a child or sick person by wilfully frightening him or her. The first exception in this section addresses situations where a person causes the death of another individual by influencing their mind or causing a disorder or disease that results in death. This exception recognizes that certain factors, such as mental illness or disease, may impact a person's actions and decision-making processes, which may lead to unintended consequences. As such, the law recognizes that a person cannot be held culpable for their actions if they were not in control of their mental faculties. However, it is essential to note that this exception is not absolute. For instance, if a person had a predisposition towards violent behavior, and such behavior led to the death of another person, the defense of influence on the mind alone cannot be used. Similarly, if a person commits negligent acts that result in the death of another person, they can still be held criminally responsible for their actions. The second exception in section 228 recognizes that children and sick individuals are more vulnerable and susceptible to fear than others. As such, a person who willfully frightens such people, leading to their death, cannot use the defense of influence on the mind alone. For instance, if a person purposely scares a sick individual, leading to their death, the defense of influence on the mind alone cannot be used to escape criminal liability. It is important to note that this provision only applies to individuals who are unable to control their actions due to a disorder or disease that affects their ability to reason. It does not apply to individuals who intentionally cause harm to others or engage in behavior that could reasonably result in death or harm. Section 228 of the Criminal Code of Canada is an essential provision that recognizes the complexities of criminal liability. It ensures that individuals who are not in control of their actions due to certain mental disorders or diseases are not held criminally responsible for their actions. However, it also ensures that individuals who intentionally harm others or engage in negligent behavior are held accountable for their actions. Overall, this provision ensures that justice is served and that criminal liability is apportioned fairly and justly.
STRATEGY
Section 228 of the Criminal Code of Canada is a crucial section that provides a defense for individuals who cause death due to mental disorder or sickness. When dealing with cases involving section 228, there are several strategic considerations that prosecutors, defense attorneys, and judges need to keep in mind. One of the strategic considerations is the definition of "influence on the mind alone." This phrase is not well-defined in the Criminal Code, and its interpretation can vary from case to case. Therefore, it is vital for prosecutors and defense attorneys to clearly define what constitutes an influence on the mind alone and how it caused the death of a human being. Another strategic consideration is determining whether the death was caused by wilful frightening of a child or sick person. This exception to section 228 means that the defense cannot apply if the accused caused the death of a child or sick person by deliberately frightening them. In such cases, the prosecution must prove beyond a reasonable doubt that the defendant acted with the intent to scare the victim and caused their death. A further strategic consideration is the burden of proof. The prosecution has the burden of proving that the accused caused the death of a human being, while the defense has to prove that the accused's actions were due to a mental disorder or sickness caused by an influence on the mind alone. Therefore, both sides of the case must focus on presenting evidence that supports their arguments. In cases where section 228 is invoked, several strategies can be employed. One potential strategy for the defense is to present expert witnesses who can testify about the accused's mental state and any disorders or illnesses they may have. Additionally, the defense may present evidence to show that the defendant had no control over their actions at the time of the incident. This evidence can include medical records, witness testimony, and psychiatric evaluations. Prosecutors, on the other hand, may try to discredit the defendant's claims of mental disorder or sickness and show that the death was caused by a deliberate and wilful act. To do this, they may present witness testimony, medical records, and other evidence that supports their argument. Additionally, the prosecution may try to show that the defendant had a motive for causing the victim's death, such as jealousy, revenge, or financial gain. The decision to invoke section 228 of the Criminal Code of Canada requires careful consideration of the facts of the case and the nature of the defendant's actions. In all cases, both the prosecutor and defense will need to carefully assess their evidence and determine how best to present their argument to the court. Ultimately, the outcome of cases involving section 228 will depend on the strength of the evidence presented and the court's interpretation of the law.