A new criminal law question will ask if a driver can he held liable for murder or involuntary manslaughter if someone standing in their blindzone late at night as a parking ticket officer but in plain clothes is struck and killed allegedly. If the victim was killed, is there an autopsy or death certificate? If you strike and kill something in your blind spot, it cannot be murder since you cannot see the item you may have struck. In this scenario what does the Crown have to prove to establish involuntary manslaughter? You would have to prove there was some intent to strike the alleged victim deliberately. You cannot intend to strike a person that the evidence confirms were in your blind zone. ClIck here.

 A new criminal law question will ask if a driver can he held liable for murder or involuntary manslaughter if someone standing in their blindzone late at night as a parking ticket  officer but in plain  clothes is struck and killed allegedly.  If the victim was  killed, is there an autopsy or death certificate? If you strike and kill  something in your blind spot, it cannot be murder since you cannot see the item you may have struck. 

In this scenario what does the Crown have to prove to establish involuntary manslaughter?  You would have to prove there was some intent to  strike the alleged victim deliberately. You cannot intend to strike a person that the evidence confirms were in your blind zone.   


//////////////


Manslaughter is considered a homicide that was committed without the intention to cause death, although there may have been an intention to cause bodily harm. For example, if you fire a gun and unintentionally hit a bystander and kill them, you could be charged. If you punch someone and they fall, strike their head and die, you could be convicted of manslaughter. Essentially, if someone’s death was a direct consequence of an unlawful act by you, manslaughter charges can be laid.

You could also face charges if a homicide occurs due to an action or inaction if you owe a duty of care to someone. If your son is given a BB gun for Christmas and you see is angry with supporters of the neighbouring  town's football team, do you owe citizen's of the. Neighboring town a duty of care?  It would be that any risk of harm he presents is remote and not foreseeable.  However, you would not be charged as a bystander who sees someone in distress and chooses not to help.

A culpable homicide that would be considered murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

According to the Criminal Code, provocation is defined as “conduct of the victim ... of such a nature as to be sufficient to deprive an ordinary person of the power of self-control ... before there was time for their passion to cool.”

A murder charge can be also reduced to manslaughter if your mental faculties were impaired by alcohol or other substances.





Comments