Criminal Code of Canada - section 231(2) - Planned and deliberate murder

section 231(2)

INTRODUCTION AND BRIEF DESCRIPTION

Murder is considered first degree when it is planned and deliberate.

SECTION WORDING

231(2) Murder is first degree murder when it is planned and deliberate.

EXPLANATION

Section 231(2) of the Criminal Code of Canada establishes the crime of first degree murder, which is the most serious type of murder and carries the harshest penalties. It defines first degree murder as the intentional killing of another person that is premeditated and planned. Essentially, this means that the perpetrator had the intent to kill and took deliberate steps to carry out that intention, such as obtaining a weapon or conducting surveillance on the victim. The requirement for planning and deliberation serves as a key distinguishing factor between first degree murder and other types of homicide, such as second degree murder or manslaughter. In addition to the planning and premeditation requirement, there are other factors that may elevate a murder to the first degree, such as killing a police officer or committing a murder in the course of another serious criminal offence, such as sexual assault or armed robbery. The penalty for first degree murder in Canada is mandatory life imprisonment with no possibility of parole for a minimum of 25 years. This severe punishment reflects the gravity of the offence and the need to ensure that those who commit such heinous crimes are held accountable for their actions. Overall, Section 231(2) plays an important role in the Canadian justice system by establishing the crime of first degree murder and providing a framework for sentencing those who commit this most serious offence.

COMMENTARY

Section 231(2) of the Criminal Code of Canada is a very important provision, as it defines the most serious form of homicide, first-degree murder. The section states that murder becomes first-degree murder when it is planned and deliberate. Essentially, for a killing to be considered first-degree murder, it must be both intentional and premeditated. The purpose of this provision is to distinguish between different levels of culpability and to provide appropriate penalties for different types of homicide. First-degree murder is considered the most serious crime and carries the maximum penalty of life imprisonment without parole eligibility for 25 years. The requirement that the murder be both planned and deliberate is an important feature of this provision. "Planning" refers to the premeditated decision to commit murder and the creation of a plan to carry out that decision. "Deliberation" refers to the reflection and consideration of the decision to commit murder and the implementation of the plan. The inclusion of both of these elements removes any doubt that the offender acted intentionally and with a high degree of culpability. The planning and deliberate nature of first-degree murder makes it more heinous than other forms of homicide. It is a crime in which the offender has taken significant steps to ensure the victim's death, rather than acting impulsively in the heat of the moment. As such, it is considered to be more deserving of the harshest possible punishment. However, the requirement that the murder be planned and deliberate can pose challenges for prosecutors in some cases. For example, proving that an offender planned a murder can be difficult if there is little or no evidence of premeditation, such as a written plan or communication between the offender and others about the plan to commit murder. Prosecutors may need to rely on circumstantial evidence to prove that the offender planned and deliberated the killing. Overall, section 231(2) of the Criminal Code of Canada serves an important function in the Canadian criminal justice system. It provides a clear definition of first-degree murder and distinguishes it from other forms of homicide. It helps to ensure that those who commit the most heinous and premeditated crimes receive the harshest possible punishment while safeguarding against wrongful convictions.

STRATEGY

Section 231(2) of the Criminal Code of Canada specifies that first-degree murder is a planned and deliberate act. This means that the accused had premeditated the murder and had a clear intention to cause death. The penalty for first-degree murder is the most severe, and it carries a mandatory sentence of life imprisonment with no chance of parole for 25 years. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations. One of the most critical considerations is the need to prove that the accused had planned and intended to commit the murder. The prosecution must provide sufficient evidence to the court to demonstrate that the accused had planned the murder in advance. This requires careful planning and preparation by the prosecution team. Another important strategic consideration is the selection of the right jury. The selection of the jury is crucial as it determines the eventual outcome of the trial. In cases of first-degree murder, the selection process is even more critical as the jury must understand the complexity of the charges and be able to assess the evidence presented. To obtain a conviction for first-degree murder, the prosecution may employ several strategies. The first strategy is to create a strong case by gathering and presenting compelling evidence against the accused. This may include witnesses, forensic evidence, and other physical evidence. Another strategy is to attack the credibility of the accused. This involves scrutinizing their actions and statements before, during, and after the murder. The prosecution will try to highlight any inconsistencies or contradictions in their story, which may indicate their guilt. The prosecution may also consider using expert testimony to support their case. For example, a forensic expert may be called to provide evidence linking the accused to the crime scene or the murder weapon. Finally, the prosecution must make sure that the charges laid against the accused are appropriate and can be proven beyond a reasonable doubt. This means that they must be able to establish that the accused had planned and intended to commit the murder, and that there is sufficient and credible evidence to support this claim. In conclusion, dealing with Section 231(2) of the Criminal Code of Canada requires careful planning and execution of appropriate strategies. The prosecution must gather strong evidence, select a suitable jury, and employ various tactics to win the case. The ultimate goal is to secure a conviction for first-degree murder and achieve justice for the victim and their family.