Chapter 04, Class 12

The Meaning of "Planned and Deliberate" in Section 231(2) (First-Degree Murder)

According to Section 229(a) of the CCC, culpable homicide becomes murder in the following situations…

• When the accused intends to kill their victim or;

• Intends to cause bodily harm that intends to cause death and is reckless, regardless of whether or not death ensues

The Crown must prove that the conduct of the accused was ________ and ________ in the case of a 1st degree murder

==**Planned**== (pre-concieved) and ==**Deliberate**== (not impulsive)

Direct intent illustration

A wants to kill B, A kills B

Indirect intent illustration

• e.g. Guess (2000); juror's relationship with the accused mid-trial

• A wants to kill B, who C is protecting. So A shoots C in such a way that the bullet also penetrates B's vital organ of choice.A had the indirect intent to kill C (means to an end)

Transferred intent illustration

A intends to hit B with a rock, misses and strokes C instead