The intent or reasonable expectation of death behind the act distinguishes voluntary manslaughter from second-degree murder. While both entail unintentional killings, the differences lie in the specifics of the aggression.
Let’slook at the differences between the two.
What
Under Section 229 of the Criminal Code of Canada, seconddegree murder is a killing where, although malice aforethought was present, the killing was not premeditated. However, the perpetrator was fully aware of their actions and killed anyway.
Under Section 231(1) of the Canadian Criminal Code, voluntary manslaughter refers to an unlawful killing without malice, in the heat of the moment, where adequate provocation was present. However, there is a conscious disregard for human life present.
If someone stabs another person in a sudden fit of anger, death is likely. Although the act was not pre-planned, you cannot claim that you did not intend to do harm. This is a classic example of second-degree murder.
Imagine a drunk driver unintentionally killing a pedestrian. Here, the charge is justified as even after knowing that drunk driving is dangerous, the driver made the decision to drive, which resulted in the death of another person.
Voluntary Manslaughter
A conviction for murder or manslaughter can have significant repercussions. Indeed, it can ruin your life. If you are accused of second-degree murder or voluntary manslaughter, get in touch with Saini Law. As one of the top criminal lawyers in Brampton, Harpreet Saini can present the best possible defence.
