Toronto Murder & Manslaughter Lawyer

Murder and Manslaughter Explained

The terms murder and manslaughter appear often in headlines, but the distinctions between them are central to how a case is defended and what penalties follow. Both involve the unlawful killing of another person, but the circumstances and the accused's state of mind set them apart. Understanding these differences is essential, because factors like intent and premeditation can move a case between categories and dramatically change the outcome.

The Degrees of Murder in Ontario

In Ontario, murder is classified as either first degree or second degree, each with its own legal criteria and penalties:

• First-degree murder: A killing that is planned and deliberate, or that occurs during certain serious offences such as sexual assault, kidnapping, hostage-taking, or hijacking. A conviction carries a mandatory sentence of life imprisonment with no eligibility for parole for 25 years.
• Second-degree murder: Any murder that does not meet the first-degree criteria. It involves an intentional killing without planning or deliberation. A conviction carries a mandatory life sentence with no eligibility for parole for at least 10 years.

Voluntary and Involuntary Manslaughter

Manslaughter is a less serious charge than murder, though it still involves causing the death of another person. It generally falls into two categories:

• Voluntary manslaughter: A killing committed in the heat of passion following provocation sufficient to cause a reasonable person to lose self-control. Sentences vary widely depending on the circumstances and the degree of provocation.
• Involuntary manslaughter: An unintentional killing resulting from recklessness or criminal negligence. As with voluntary manslaughter, the penalties range broadly depending on the severity of the conduct.

Building a Homicide Defence

Given the seriousness of these charges, experienced representation is essential. Robb MacDonald is among Toronto's leading homicide defence lawyers, and his strength lies in the criminal jury trial. He works to determine whether your case involves self-defence, a genuine lack of intent, or mental health issues that may have impaired your ability to form the intent the Crown must prove.

Robb is meticulous in his investigation and evaluation of evidence, reviewing witness testimony, forensic findings, and every circumstance surrounding the case.

His years of experience give him a keen understanding of how the Crown builds a homicide prosecution and where its weaknesses lie. Where appropriate, he negotiates to reduce charges, for example from murder to manslaughter, while always preparing the case as if it will go to trial. If you or a loved one faces a murder or manslaughter charge, contact Robb for a free, confidential consultation immediately.