MistyWaters
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Nothing. I asked earlier whether murder that happens during kidnapping results in first degree murder, and the answer is yes. I didn't know that, or didn't remember that, until someone kindly link the legal reference.
You're certain Garland ought to face lesser charges because he transported the victims to a secondary location .(dead or alive)? Perhaps that's to be an out for every alleged premeditated murderer, just move the intended target and it becomes a kidnapping?
Okay then, let's go with that. After all, we're not the jury.
But you might kindly inform the Prosecution that Section 230 was tossed out years ago by the Supreme Court, as I recall it was about in 1992. Those three First Degree Murder charges over a failed kidnapping are not going to stand.
"Thomas said in his original verdict that Vader was a desperate drug addict who came across the couple in their RV and shot them during a robbery. He said he found no evidence Vader intended to kill the McCanns and ruled out a planned and deliberate first-degree murder.
Section 230 allowed for a second-degree murder verdict if a killing occurred during the commission of another crime such as robbery. Otherwise, there had to be intent to cause death or bodily harm known to likely cause death.
Law experts have said a judge has never before cited the old section in a verdict and the mistake was huge.
The Crown argued the judge could fix the error by using another section of the Criminal Code to convict on second-degree murder or by substituting the verdict with manslaughter."
http://www.ctvnews.ca/canada/it-was...ravis-vader-verdict-to-manslaughter-1.3138828
Section 230
Murder in commission of offences
230*Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if
* (a)*he means to cause bodily harm for the purpose of
* (i)*facilitating the commission of the offence, or

* (ii)*facilitating his flight after committing or attempting to commit the offence,

* and the death ensues from the bodily harm;

* (b)*he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or

* (c)*he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.

* (d)*[Repealed, 1991, c. 4, s. 1]

* R.S., 1985, c. C-46, s. 230; R.S., 1985, c. 27 (1st Supp.), s. 40; 1991, c. 4, s. 1.
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-230.html