To find you guilty of second degree murder, the Crown must prove that: (a) the defendant caused someone’s death, (b) the defendant caused the death unlawfully, and (c) the defendant had the state of mind for murder. It is not necessarily a crime to cause another person’s death and the Crown must prove that the death was caused by an unlawful act. For an unlawful killing to be murder, the Crown must prove that the defendant meant to kill the victim or meant to cause bodily harm that he/she knew was likely to kill the victim and was reckless whether the victim died or not. If the Crown can show the murder was “planned and deliberate”, this would constitute first degree murder.
222(1) Everyone commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
222(2) Homicide is culpable or not culpable.
222(3) Homicide that is not culpable is not an offence.
222(4) Culpable homicide is murder or manslaughter or infanticide.
222(5) A person commits culpable homicide when he causes the death of a human being,
(a) by means of an unlawful act
(b) by criminal negligence
(c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.
229. Culpable homicide is murder
(a) where the person who causes the death of a human being
1. means to cause his death, or
2. means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensures or not
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensures or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
231(1) Murder is first degree murder or second degree murder.
231(2) Murder is first degree murder when it is planned and deliberate.
231(7) All murder that is not first degree murder is second degree murder.
232(1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
234 Culpable homicide that is not murder or infanticide is manslaughter.
235(1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.
To prove the offence of Attempt Murder, the Crown must prove that: (a) the defendant’s conduct was an attempt, (b) that the defendant meant to kill the complainant, and (c) that the complainant did not die from anything that the defendant did.
To find someone guilty of Accessory After the Fact to Murder, the Crown must prove that: (a) a person committed murder, (b) that the defendant knew that this person committed murder, (c) the defendant provided assistance to this person, and, (d) the defendant provided assistance for the purpose of helping this person to escape. To provide assistance to an individual means simply, to help them and in regard to this offence, the Crown must show that the defendant assisted the person to escape the legal consequences of what the person had done.
There are numerous ways to defend against Murder related offences. Please refer to my Recent Successes page to see examples of these types of cases on which I have been counsel. As you are surely aware, the consequences to receiving a conviction for a Murder related offence is severe and can be life imprisonment.
Client charged with First Degree Murder. It was alleged that he, along with several others, followed victim with the intention of killing him. Victim suffered injuries inflicted by a bat and several stab wounds. Police found DNA evidence linking client to the confrontation.
Client charged with Murder after a shoot out that took place outside of the nightclub. The shoot out resulted in the death of one person and the wounding of at least one other. Client’s position was that he was not the shooter.
Client charged with Murder. It was alleged that client’s friend was robbed by two individuals. Client and friend subsequently went to the home of these individuals armed with a sawed off shotgun. A fight broke out at the home and the gun was discharged. One of the two individuals was killed and the other was injured. Despite going to the home with the shotgun, an issue was whether the client was acting in self-defence.
An individual was murdered after a drug deal went bad. C.A. was charged with Accessory After The Fact To Murder after allegedly trying to help one of those involved in the murder escape.
Client charged with Attempt Murder and various other offences. Police alleged that client walked up to a known gang member with the intention of murdering him. Client was armed with a handgun and walked up to the victim and pointed a gun at his head. One gunshot was fired and the complainant suffered significant injuries.
Client charged with Attempt Murder and various firearm offences. It was alleged that he waited inside a stairwell in an apartment building. When the victim walked by, he shot the victim. The shooting was recorded on a surveillance video but there was a question as to the identity of the shooter.
Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.Kate Rice
Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!Jan Lane
I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!Anita Wong
As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.Kylie S
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A criminal record can have lifelong ramifications. Don't take a chance with an inexperienced attorney. I will fight to get your life back as I have done with countless others before you.