Mother charged with murder after daughter accidently kills herself
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June 24th, 2013, 08:32 PM
ღ Cammybear ღ
Join Date: May 2013
Location: Ottawa, Ontario
In Canada, this would never be treated as second-degree murder.
- First Degree Murder implies there was a plan to kill the person prior to the murder
- Second Degree Murder implies that the victim was intentionally killed; however, the perpetrator did not originally plan to kill the victim ("spur of the moment")
- Manslaughter is the unintentional death of a person at the hands of someone else, proven by lack of intent
- Homicide is an abnormal / speculative death of an individual that can be said should not have occurred
Going by that, the mother did not plan to kill her child, nor did she have any intent to begin with to kill her. This rules out all possible murder charges and therefore drops the charge to manslaughter, given that her recklessness / ignorance led to her child's unintentional death.
America has similar definitions, if I recall.
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