Brian Ross, Toronto Criminal Defence Lawyer

MURDER/MANSLAUGHTER

Murder related offences represent the most serious offences in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. This area of law is extremely complex and what follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.

Brian Ross is a founding partner at Canada’s largest criminal Law firm, Rusonik, O’Connor, Robbins, Ross & Angelini, LLP.

The Offence

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.
Attempt Murder

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.

Accessory After the Fact to Murder

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.

Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at
(416) 658-5855.

RECENT SUCCESSES

Murder/Manslaughter

Client found not guilty by a jury after a lengthy trial.

R. v. T.T.

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 found guilty of Careless Use of Firearm only.

R. v. T.S.

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 found guilty of possession of a prohibited weapon only.

R. v. J.C.

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.

Charge withdrawn.

R. v. C.A.

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.

Charge of Attempt Murder withdrawn after successful Crown pretrial.

R. v. B.A.

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.

All charges stayed at the Preliminary Hearing

R. v. R.M.

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

Nominated in 2022 for the Best Lawyers Award in Criminal Law

Candidates who are nominated for consideration are voted on by currently recognized lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers.

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