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More likely to get a conviction for second than first.
The Criminal Code defines murder as the death of someone where the killer meant to cause the death or meant to cause them bodily harm that was likely to result in their death. There are two degrees of murder:
First-degree murder is when the killing is "planned and deliberate". In other words, where the murder was premeditated.
Second-degree murder is defined in the Code as all murders that are not first-degree but where the killing was still intentional.
Manslaughter is defined in the Code as a culpable homicide that is not murder - in other words, where someone killed someone unintentionally, such as a drunk driver.
Sounds straightforward. Im wondering though, doesn't a prosecutor in Canada have the right to charge, and a judge or jury in Canada have the option to convict, a person of a lesser included offense if the facts support it? If so, then this guy Hannibal the Cannibal Jr. ought to be charged in the first degree.
Ive been following this story since just the other day when I heard about it. Poor victim, thats an awfull way to go. I would have liked to think that I would have tried to help somehow.
Guns arent the answer. Would it have helped in this case, you betcha, but it would cause more harm then good, but thats a different story
I hope this guy receives some vigilante justice, I can foresee him pleading insanity, and getting a tad more then a slap on the wrist.
Sounds straightforward. Im wondering though, doesn't a prosecutor in Canada have the right to charge, and a judge or jury in Canada have the option to convict, a person of a lesser included offense if the facts support it? If so, then this guy Hannibal the Cannibal Jr. ought to be charged in the first degree.
Yes the court can convict a person of a lesser degree. But the court cannot indict someone on first degree murder charges unless there is evidence to support the indictment.