INTRODUCTION AND BRIEF DESCRIPTION
Murder is considered planned and deliberate when it is committed as a result of a financial agreement for someone to cause or assist in causing the death of another person.
SECTION WORDING
231(3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.
EXPLANATION
Section 231(3) of the Criminal Code of Canada provides a definition for planned and deliberate murder. This section specifically deals with situations where money or anything of value is promised or given as consideration for causing or assisting in causing the death of someone else. It also applies to situations where a person counsels another to act in a way that would lead to the death of someone else. The purpose of this section is to ensure that individuals who use financial incentives to induce others to commit murder are held to account for their actions. Essentially, the law recognizes that paying or promising to pay someone to kill another person is an egregious crime that requires special attention and punishment. It is important to note that this section applies regardless of whether the actual murder is carried out or not. The mere act of offering or promising payment for killing someone is considered an offense under Canadian law. This is because the law recognizes that the planning and preparation for murder is itself a serious crime that can have devastating consequences for individuals and communities. Overall, Section 231(3) of the Criminal Code of Canada serves as a deterrent against the use of financial incentives to commit murder. By criminalizing the act of offering or promising payment for murder, the law makes it clear that this type of behavior will not be tolerated in Canadian society.
COMMENTARY
Section 231(3) of the Criminal Code of Canada is a provision that recognizes the criminality of murders committed under certain circumstances. Specifically, the provision states that when a murder is committed as a result of a pre-arranged agreement where money or anything of value has been promised to another person in exchange for their participation in the killing or assisting in causing the death of someone else, the killing is considered planned and deliberate. The provision is a reflection of the gravity of premeditated murder and recognizes that the decision to end someone's life under such circumstances is not only heinous but also criminal. By including the element of consideration, the section underscores that the use of money or other things of value as an incentive for murder is not only morally reprehensible but also legally wrong. It is worth noting that this provision is not limited to the actual perpetrator of the killing. It also applies to anyone who counsels or encourages another person to commit the murder or assist in the killing, so long as the consideration element is present. This makes it clear that anyone who is actively involved in a pre-arranged murder plot is criminally liable, regardless of the extent of their involvement. The inclusion of this provision in the Criminal Code of Canada is a testimony to the Canadian government's commitment to maintaining law and order and protecting the lives of its citizens. By criminalizing premeditated murder with monetary incentives, the government has sent a strong message that such crimes will not be tolerated and that perpetrators will be brought to justice. Moreover, this provision is consistent with Canada's international obligations and the general principles of international criminal law that recognize the gravity of crimes perpetrated against human life. The provision also reflects the importance of international cooperation in fighting transnational organized crime that is often involved in such pre-arranged killings. In conclusion, Section 231(3) of the Criminal Code of Canada is a crucial provision that recognizes the seriousness of planned and deliberate murders committed under certain circumstances. It underscores the criminality of premeditated killings done for monetary incentives and holds all those involved criminally responsible. The provision is consistent with Canada's international obligations and reflects the government's commitment to maintain law and order while protecting the lives of its citizens.
STRATEGY
Section 231(3) of the Criminal Code of Canada deals with the crime of murder that is planned and deliberate. It outlines the circumstances that can classify a murder as planned and deliberate, including the arrangement of exchanging consideration, such as money or anything of value, between individuals for causing or assisting in causing a death. In this paper, we will analyze some strategic considerations when dealing with this section of the Criminal Code of Canada and recommend some strategies that could be employed. The first strategic consideration is the importance of gathering evidence. To prove that a murder is planned and deliberate, the Crown prosecution must show that there was an arrangement in place and that consideration was exchanged for the killing. This requires the gathering of sufficient evidence to establish a clear link between the accused and the arrangement. The police need to conduct an extensive investigation to gather physical evidence, such as forensic evidence and surveillance footage, and witness statements to build a strong case against the accused. Moreover, they need to ensure that the evidence gathered is admissible in court and that their investigation does not violate the accused's rights. The second strategic consideration is the selection of the right charge. As stated in Section 230 of the Criminal Code of Canada, there are different degrees of murder, with first-degree murder being the most severe. In cases where murder is planned and deliberate, prosecution should consider laying a charge of first-degree murder. However, if the crown fails to prove the requisite intent for first-degree murder, a lesser charge of second-degree murder could be an alternative. The prosecution should be aware that in a case of first-degree murder, the maximum sentence is life imprisonment with no possibility of parole for 25 years. Thus, it is a crucial decision to choose the right charge to reflect the nature of the crime and ensure justice is served. The third strategic consideration is witness protection. Witnesses play a crucial role in murder cases. Still, they may hesitate to testify in court due to fear of retaliation from the accused or their associates. The prosecution should consider witness protection programs to ensure the safety of key witnesses and their families. These programs offer services such as providing a new identity, relocating witnesses and their families, and providing financial assistance. This approach will encourage witnesses to come forward and testify, which can be the difference between a successful conviction or an acquittal. The fourth strategic consideration is plea bargaining. Plea bargaining is an agreement between the prosecution and the accused, where the accused agrees to plead guilty to a lesser charge in exchange for a reduced sentence. In cases of planned and deliberate murder, plea bargaining can be an effective way to secure a conviction and save the cost of a lengthy trial. Moreover, it can bring closure to the victim's families, who might prefer a swift conviction rather than a prolonged trial. The fifth strategic consideration is public relations. High-profile murder cases often attract substantial media attention, which can impact public opinion and perceptions of the justice system. It is vital for the prosecution to ensure that the case is tried impartially and professionally and that the public is kept informed about the proceedings in a transparent manner. This will help maintain public trust in the justice system and ensure that justice is done. In conclusion, Section 231(3) of the Criminal Code of Canada is a crucial provision in the prosecution of planned and deliberate murder cases. To succeed in such cases, the prosecution must gather sufficient evidence, select the appropriate charge, protect witnesses, consider plea bargaining, and handle public relations professionally. By implementing these strategic considerations, the prosecution can bring closure to victims' families and uphold justice.