Homicide
Me Amar is experienced in both murder and attempted murder files. As with all her cases, she will carefully listen to your story and will then dissect the Crown’s evidence in order to find any flaws or shortcomings.
What is homicide?
Homicide is the taking directly or indirectly of a person’s life. It includes first degree murder, second degree murder, infanticide and manslaughter. Each sub-category depends on the moral culpability of the accused person’s actions to cause death. The Crown prosecutor will decide based on the evidence brought before them which type of homicide they will authorize as the accusation. The Criminal Code considers these offences to be most serious crimes ang they include the lengthiest jail sentences in Canada.
For more details on what constitutes homicide, please see the appropriate sections in the Criminal Code which can be found in the following link:
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-231.html
What is first degree murder?
First degree murder is one that is planned and deliberate. What this means is that the accused person thought out his or her act prior to executing it and planned out the details of the commission of his act. The accused person had to of had the intention to kill before doing so.
There are other circumstances in which a homicide can be classified as a first degree murder even if it was not planned and deliberate. Me Amar will explain you these circumstances in more detail upon your first meeting.
What is second degree murder?
Second degree murder is any murder that is not first degree murder. If the accused had the intent to murder but did not plan and deliberate, his action will surely fall into this category.
What is manslaughter?
The criminal code defines manslaughter as culpable homicide that is not murder or infanticide. First degree murder and second degree murder necessitate the accused to have had the intention to kill whereas this is not a requirement to fulfill the legal definition of manslaughter.
For more details on what constitutes manslaughter, please see the appropriate sections in the Criminal Code which can be found in the following link:
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-53.html#docCont
What defenses do I have?
The evaluation of a defense to a homicide charge is often one that will be complex and that may include many different aspects. It could very possibly be a defense of identification as often the key eyewitnesses may not be credible.
The police take homicides very seriously and there is usually a pile of evidence attached to this accusation. The Police will use several techniques to put together the best evidence against you if you are accused. These techniques may include wiretaps, surveillance and search and seizures. These techniques may infringe your rights protected by the Canadian Charter.
Me Amar will take the time necessary to go through every piece of evidence and will likely build your defense based on the police conduct, the credibility of the eyewitnesses and/or whether your charge should be reduced from first degree murder to either second degree or manslaughter.