Is this not murder?

[lone wolf]

Just get him to take the stand....

 

[IdRatherBeSkiing]

They can lay 1st degree and the Judge can instruct the jury that they can find him guilty of a lesser count.

I'm not the prosecutor but I wonder if the jury is statistically more likely to aquit rather than find him guilty on a lesser charge?

Just get him to take the stand....

Which is why his lawyer advised him not to.

 

[WLDB]

Not sure what makes the lesser charges. Not sure why the DA did not go for the 1st degree charge.

First degree is a lot harder to prove than second degree. If they got off on first degree you cant then go after them for second. Take the easier one.

 

[JLM]

First degree is a lot harder to prove than second degree. If they got off on first degree you cant then go after them for second. Take the easier one.

And as it should be! :smile:

 

[CDNBear]

Premeditation = First Degree Murder
Intent with no premeditation = Second Degree Murder
No intent = manslaughter.

Not sure what makes the lesser charges. Not sure why the DA did not go for the 1st degree charge.

If it was a Cop, they would have.

First degree is a lot harder to prove than second degree. If they got off on first degree you cant then go after them for second. Take the easier one.

A Crown can attach a charge of lessor degree. A Jury or a Judge trial, can then apply either or, as the evidence merits.

 

[Goober]

If it was a Cop, they would have.

A Crown can attach a charge of lessor degree. A Jury or a Judge trial, can then apply either or, as the evidence merits.

Mr. Parent is charged with criminal negligence causing death, dangerous driving causing death, dangerous driving, failure to stop and failure to offer assistance. The trial is expected to last two weeks.

These are the charges and as I understand in Canada if convicted on all they run concurrent, the judge cannot assign as consecutive.

220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

R.S., 1985, c. C-46, s. 220;1995, c. 39, s. 141.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-98.html#h-76

 

[shadowshiv]

If it was a Cop, they would have.

I've always thought that killing a police officer in the line of duty was always first degree murder. Of course, that case a couple of months ago where the police officer was crushed under the minivan kind of threw that out of whack.

 

[JLM]

It will possibly get boiled down to criminal negligence causing death. But even that may be good for 14 years.

 

[shadowshiv]

It will possibly get boiled down to criminal negligence causing death. But even that may be good for 14 years.

Unfortunately, with the decisions I have seen the judges make in the past few years I don't think he will even get 10 years. I sincerely hope I'm wrong, and he gets those 14 years (or more!).

 

[JLM]

Unfortunately, with the decisions I have seen the judges make in the past few years I don't think he will even get 10 years. I sincerely hope I'm wrong, and he gets those 14 years (or more!).

Yep, I don't see a single mitigating factor!