MistyWaters
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In order for it to be 1st degree murder it must be shown that the murder was "planned and deliberate." Not just the robbery, but the actual murder. That can be very difficult to prove beyond a reasonable doubt.
Yes, perhaps the confusion arises because it seems premeditation can be proven to have occurred in an instant in the US, but that’s not so in Canada.
After choosing to steal the RAV4, indeed they may have intended to murder the driver (2nd degree) but it’s much harder to prove the two planned and deliberately set out to specifically murder LD (1st degree), somebody who they didn’t appear to have any connection with. It’s how our laws are in Canada, not that I think it’s right.
https://www.cbc.ca/news/canada/what...-2nd-degree-murder-and-manslaughter-1.5068520
1st-degree murder
Definition: A homicide that is both planned and deliberate. An example of this is a contract killing.
Some homicides are automatically considered first-degree murder:
- The killing of an on-duty police officer or prison employee.
- A killing committed during a hijacking, sexual assault, kidnapping, hostage taking, terrorism, intimidation, criminal harassment. Any offence committed on behalf of a criminal organization.
Definition: Generally, a deliberate killing that occurs without planning and does not fall under any of the categories of first degree murder.
Manslaughter
Definition: A homicide committed without intent, although there may have been an intention to cause harm. There are two broad categories of manslaughter:
https://www.cbc.ca/news/canada/what...-2nd-degree-murder-and-manslaughter-1.5068520