CRIMINAL LAW COMPREHENSIVE
STUDY GUIDE: ESSENTIAL
CONCEPTS, CRIMINAL LIABILITY,
DEFENSES & EXAM REVIEW
2026/2027 EDITION LATEST!!
First Degree Murder
-Occurs when a murder is planned and deliberate
-The murder involves a law-enforcement agent or is
completed during another indictable offence such as:
hijacking an aircraft, sexual assault, aggravated assault,
kidnapping, forcible confinement and/or hostage taking
-The minimum penalty for First Degree Murder is life
imprisonment, without eligibility of parole for 25 years.
(Greatest penalty)
-Up until recently, someone who commits multiple
murders would have served their sentence concurrently
(at the same time - only 25 years, no matter how many
killed). However, recently a judge that sentence could be
served consecutively, one after another
Second Degree Murder
-Causing death with the intent to kill is considered to be
knowledge that a person's actions would lead to the death
of a victim
-Causing death with intent is second-degree murder in all
instances that are not found under first-degree murder
-Most important when considering second-degree
,charges is the time in which intent to commit murder was
formed. If intent to kill develops during the heat of the
moment during an act that is intended to cause harm (i.e.
during a bar fight, an individual grabs a knife and kills
another person.)
-An accused may be eligible for parole after serving 10
years in prison
Homicide
-The causing of death to a human being
-According to the Criminal Code homicide it is
1. A person commits homicide when, directly or indirectly,
by any means, he/she causes the death of human being
2. Homicide is culpable or not culpable
3. Homicide that is not culpable is an offence
4. Culpable homicide is murder, manslaughter or
infanticide
-229
-Indictable
-Life Imprisonment
Infanticide
-A controversial crime, because only a woman can be
charged with infanticide - it was recently debated to have
it removed from the Criminal Code, although it is still in
place
, -The killing of a newborn by the child's mother, who is
mentally imbalanced after having birth to child
-The maximum penalty is 5 years imprisonment, although
a woman is rarely sentenced to prison time as the courts
acknowledge the lack of mens rea in the crime
-233
-Indictable
-Max. 5 years imprisonment
Elements of a Crime
-The Physical Elements
-The Mental Element
Actus Reus
-Physical elements of a crime
-Guilty action
-Physically harming someone or committing the criminal
act
Mens Rea
-The mental element of a crime
-The Guilty Mind
-Wanted to do something bad
STUDY GUIDE: ESSENTIAL
CONCEPTS, CRIMINAL LIABILITY,
DEFENSES & EXAM REVIEW
2026/2027 EDITION LATEST!!
First Degree Murder
-Occurs when a murder is planned and deliberate
-The murder involves a law-enforcement agent or is
completed during another indictable offence such as:
hijacking an aircraft, sexual assault, aggravated assault,
kidnapping, forcible confinement and/or hostage taking
-The minimum penalty for First Degree Murder is life
imprisonment, without eligibility of parole for 25 years.
(Greatest penalty)
-Up until recently, someone who commits multiple
murders would have served their sentence concurrently
(at the same time - only 25 years, no matter how many
killed). However, recently a judge that sentence could be
served consecutively, one after another
Second Degree Murder
-Causing death with the intent to kill is considered to be
knowledge that a person's actions would lead to the death
of a victim
-Causing death with intent is second-degree murder in all
instances that are not found under first-degree murder
-Most important when considering second-degree
,charges is the time in which intent to commit murder was
formed. If intent to kill develops during the heat of the
moment during an act that is intended to cause harm (i.e.
during a bar fight, an individual grabs a knife and kills
another person.)
-An accused may be eligible for parole after serving 10
years in prison
Homicide
-The causing of death to a human being
-According to the Criminal Code homicide it is
1. A person commits homicide when, directly or indirectly,
by any means, he/she causes the death of human being
2. Homicide is culpable or not culpable
3. Homicide that is not culpable is an offence
4. Culpable homicide is murder, manslaughter or
infanticide
-229
-Indictable
-Life Imprisonment
Infanticide
-A controversial crime, because only a woman can be
charged with infanticide - it was recently debated to have
it removed from the Criminal Code, although it is still in
place
, -The killing of a newborn by the child's mother, who is
mentally imbalanced after having birth to child
-The maximum penalty is 5 years imprisonment, although
a woman is rarely sentenced to prison time as the courts
acknowledge the lack of mens rea in the crime
-233
-Indictable
-Max. 5 years imprisonment
Elements of a Crime
-The Physical Elements
-The Mental Element
Actus Reus
-Physical elements of a crime
-Guilty action
-Physically harming someone or committing the criminal
act
Mens Rea
-The mental element of a crime
-The Guilty Mind
-Wanted to do something bad
