Murder in Canada - Types of Culpable Homicide

Types of Culpable Homicide

Culpable homicide is defined as causing the death of a human being,

  • By means of an unlawful act;
  • By criminal negligence;
  • By causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
  • By wilfully frightening that human being, in the case of a child or sick person.
Criminal Code of Canada, s. 222

In addition, depending on the type of homicide offence, there may be different degrees of causation that the prosecutor is required to prove. The general test for causation in all homicide offences is a significant contributing cause of the victim's death. If the jury finds that the accused committed the murder in the context of one of the criteria listed for first degree murder, then the jury must be satisfied the accused was a substantial cause of the victim's death before finding the accused guilty of first degree murder.

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