Saturday, June 2, 2012
Shooting to kill one but killing another is murder
A murder occurs when, among other circumstances, a person means to cause the death of a human being or cause him bodily harm that he knows is likely to cause his death, and by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that person. So, if you kill someone by accident while shooting to kill another you are guilty of murder.
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Isn't that strange? Because it would appear the intent to kill one carries over to the accidental killing of another. It was "accidental" and sounds more like manslaughter to me. On the other hand we charge people who are inept at killing with attempted murder. If intent is the driver of the first murder charge why isn't it in the second? Attempted murder seems to result in a significantly lesser sentence than actual murder, yet the intent is the same.
A lesser penalty for attempted murder because no death resulted; the full penalty for accidental killing when intending to kill another because the accused was prepared to kill and indeed did so.
So, would this still apply for those Yahoos agitating for the right to carry concealed weapons for eventualities like today's Eatons' Centre shooting: if they opened fire trying to kill the shooter but took out another innocent bystander, would / should they be charged with murder?
Can't say I'm liking the white text on blood red. Hard to read, jarring.
Stephen, I lost the old format in a crash -- I'll try to change to make it easier to read. Sorry!
A lesser penalty for attempted murder because no death resulted;
As I said, we reward ineptitude when we should be punishing the intent. Where is the protection of society when we let someone off lightly when they obviously intended to kill? Do we really want to give them another chance to do the job right next time?
... for the right to carry concealed weapons...if they opened fire trying to kill the shooter but took out another innocent bystander, would / should they be charged with murder?
Again, intent seems to be the driver. A person with a concealed firearm in that case isn't intending to kill the bystander but rather protect himself. I'd point out that in the US where concealed carry is common that scenario hasn't popped up as much as the fear mongers would have you believe. Blood hasn't been flowing in the streets down there except in the usual gang infested areas.
sorry, 'Rat,' but the Concealed Carry q. was directed at the host -- who is, after all, a criminal lawyer -- who made the post: not to a computer person who's pompously opted to field legal questions.
Oh, sorry. I'll let you wait forever for our host to render a legal opinion for you for free. I'll go back to my life as a person who owns firearms and spends a great deal of time advocating for the relaxing of gun laws in Canada. Obviously my pomposity got the better of me in opining on a sarcastic and uninformed question from an anonymous poster whom we know nothing about. But thanks for reading my profile, I like it when the number gets bigger.
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