INTRODUCTION AND BRIEF DESCRIPTION
This section states that anyone who commits first degree or second degree murder will be sentenced to life imprisonment.
SECTION WORDING
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.
EXPLANATION
Section 235(1) of the Criminal Code of Canada is a fundamental provision in the Canadian legal system, as it lays out the punishment for individuals who are convicted of committing first or second degree murder. This provision specifies that anyone who is found guilty of either of these offenses will be charged with an indictable offense and will be required to face a sentence of life imprisonment. First degree murder is defined under Section 231 of the Code as the intentional and premeditated killing of another person, while second degree murder involves intentional killing that did not necessarily involve the same level of premeditation as required for first degree murder. The difference in degrees of murder affects the range of possible sentences a defendant may face. Under this provision, it is up to the presiding judge to determine the exact length of imprisonment that the individual will be required to serve. However, it is important to note that individuals who are sentenced to life in prison for first or second-degree murder will not be eligible for parole for at least ten years. Overall, Section 235(1) of the Criminal Code of Canada is a cornerstone of the Canadian legal system, as it ensures that individuals who commit particularly egregious crimes are held accountable for their actions and face harsh penalties for their crimes.
COMMENTARY
Section 235(1) of the Criminal Code of Canada sets out the punishment for individuals who commit first-degree or second-degree murder. The section stipulates that anyone who commits either of these offences will be found guilty of an indictable offence and will be sentenced to imprisonment for life. This is a severe punishment that reflects the seriousness of these crimes. First-degree murder is the most serious crime in Canada and is defined as a premeditated killing. This means that the individual planned and intended to kill someone. Second-degree murder is also a severe crime but is different from first-degree murder as it does not involve premeditation. Instead, it is often referred to as a 'crime of passion' where the individual acts impulsively, but still results in the death of another person. Both of these crimes are considered very serious and are punished accordingly. The punishment for murder in Canada is imprisonment for life without the possibility of parole until the individual has served at least 25 years of their sentence. This means that individuals who commit these crimes will spend a significant portion of their lives in prison. This strict punishment is necessary to ensure that justice is served for the victim and their family. The Criminal Code of Canada provides for a number of defences that can be raised by the accused to try and mitigate the charges or reduce the sentence. These include self-defence, provocation, and mental illness. However, none of these defences would be available for someone who committed first-degree murder as it requires premeditation. For second-degree murder, defences may apply, but it ultimately falls to the court to decide whether these circumstances mitigate the seriousness of the crime. The punishment for murder in Canada is the same across all provinces and territories. However, there may be slight differences in the way that each jurisdiction prosecutes these cases. For example, some provinces have specialized teams of prosecutors who focus specifically on homicide cases. Overall, section 235(1) of the Criminal Code of Canada reflects the seriousness with which the law treats murder. It is an offence that carries one of the harshest punishments in the Canadian justice system. This severe penalty is necessary to ensure that the victims and their families receive justice and that society is protected from dangerous individuals who commit these crimes.
STRATEGY
Section 235(1) of the Criminal Code of Canada deals with the offence of murder and provides for a mandatory life sentence for those found guilty of first or second degree murder. As with any criminal offence, there are strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada. One of the most important strategic considerations when dealing with this section of the Criminal Code is the nature of the evidence that will be presented at trial. In order to secure a conviction for murder, the Crown must prove beyond a reasonable doubt that the accused intentionally caused the death of another person. The strategy that the defence will employ will depend on the strength of the Crown's case. For example, if the Crown's evidence is weak, the defence may adopt a strategy of attacking the credibility of Crown witnesses or arguing that the accused did not have the necessary intent to commit murder. Another important strategic consideration when dealing with section 235(1) of the Criminal Code is the potential sentence that the accused may face. In cases of murder, the mandatory sentence is life imprisonment, but the judge also has discretion to impose a parole ineligibility period of between 10 and 25 years. The defence will need to consider the potential sentence that the accused may be facing when deciding on a strategy. For example, if the accused is facing a lengthy parole ineligibility period, the defence may adopt a strategy of negotiating a plea bargain with the Crown in order to secure a lesser sentence. Other strategic considerations when dealing with section 235(1) of the Criminal Code include the nature of the victim, the circumstances surrounding the offence, and the accused's criminal history. For example, if the victim was a child or a police officer, this may have an impact on the sentence that the accused may receive. Similarly, if the offence was committed in a particularly violent or heinous manner, this may also be taken into account by the sentencing judge. In terms of strategies that could be employed when dealing with section 235(1) of the Criminal Code, one approach may be to argue that the accused was acting in self-defence or in defence of others. This defence may be available if the accused believed that they or someone else was in imminent danger of death or serious bodily harm, and the only way to avoid the harm was to use force. Another strategy that could be employed when dealing with section 235(1) of the Criminal Code is to argue that the accused did not have the necessary intent to commit murder. For example, if the accused was intoxicated at the time of the offence, the defence may argue that they did not have the necessary intent to commit murder and should be convicted of a lesser offence. Overall, dealing with section 235(1) of the Criminal Code of Canada requires careful consideration of the evidence, the potential sentence, and the various strategies that could be employed. It is important for both the Crown and the defence to carefully evaluate the strengths and weaknesses of their case in order to determine the best approach to take.