Murder refers to the unlawful premeditated killing of one person by another. This offense is typically considered a serious crime and that’s why offenders are usually condemned to life imprisonment in most cases.
In Canada, bail can be granted in special circumstances, particularly in outstanding murder cases. To qualify for bail, certain conditions, typically set by law courts must be met. Failure to meet the pre-set conditions means you remain in custody. That said, you should seek legal counsel from a criminal attorney in Toronto to understand how bails work.
How Bails Work
Bail refers to property or money given by the accused person (defendant) as a guarantee to the court that the released person will return to court when required and at the appointed time.
Consequently, you should seek legal advice if you’re about to bail someone or if you’re facing a bail hearing.
Homicide vs. Murder
Homicide in Canada, and the world over, refers to the act of killing or taking the life of one human being by another. The term “homicide” refers to both unintentional and premeditated acts of killing. With that definition, it means that not some homicides are not murder.
A murder (culpable homicide) occurs when one person commits an unlawful act that results in the death of another through negligence, threatening another person, instilling fear, use of violence, or deception.
Different Degrees of Murder
In Canada, there are different degrees of murder, including:
- Murder, first and second degree;
First Degree Murder
This is the most serious form of murder. First-degree murder occurs if the accused person planned and intentionally committed killed another person. To prove a first-degree murder case, the intention to kill must exist. Also, serious criminal offenses such as hijacking, forcible confinement, or any criminal activity that causes death.
Second Degree Murder
Second-degree murder refers to any homicide that is not first-degree murder.
According to Section 233 of Canada’s criminal code, Infanticide refers to the death of an infant or a newborn resulting from a willful act or omission of the mother.
Manslaughter refers to culpable homicides that do not murder.
Bail Hearings Requirements
In Canada, bail hearings are conducted in the Supreme Court in Ontario. The quality of a proposed surety is usually the subject matter of a murder bail hearing in most cases. Although weak supervision plans can work in conjunction with the right sureties, a poor surety cannot help a weak supervision plan. In simple terms, the surety must be excellent and able to supervise an accused person properly. The other important factor of consideration is the proposed release terms and that’s where the following rules come into play:
- Any proposed plan should be realistic for the supervision of the surety.
- Proposed plans should address the secondary concern of ensuring that the accused person does not commit further offenses while on bail, or interfere with the administration of justice.
- Quality of surety and supervision plan must convince the judge that the accused person will not be a safety risk to the community.
Sureties for Murder Bail Hearing
The rule of thumb is that sureties must be of quality because they (sureties) act as “civilian jailers.” That said, sureties ensure the accused person is of good behavior once released on bail.
If you’re facing a murder charge in Canada, you should consider a bail hearing. A legal professional specializing in criminal law can help you understand more about this subject.