Friday, February 17, 2012

Actus and intoxication for first degree murder

One branch of first degree murder, s. 231(2) holds "Murder is first degree murder when it is planned and deliberate".

This means, among other things, that the act for first degree requires planning and deliberation. Intoxication may, even if insufficient to bar specific intent, be sufficient to make planning and deliberation impossible and so reduce first to second degree: R v Mitchell [1964] SCR 471, see also R v Wallen, [1990] 1 493 827.

1 comment:

Anonymous said...

The lesson here?

Pound a few back before committing the murder.

You'll do less time if you get caught.