Guilty in bus killing

[ferri]

Tyler Jack Newton pleaded guilty to manslaughter in a Kelowna courtroom this morning.

Newton was charged with second-degree murder in the attack that killed 55-year-old Caesar Rosales, who bled to death while taking the No. 8 bus home from work on Oct. 30, 2014.

more:
http://www.castanet.net/edition/news-st ... htm#168926

[LTD]

manslaughter *bleep*

[SmokeOnTheWater]

So .. a couple of years in jail ?

[gman313]

can't he still be tried for second degree murder

[Symbonite]

All this deserves is a ? because i cant figure how this happens in Canada.

[OREZ]

Does anyone know HOW this could be considered only manslaughter?

[gman313]

Canadian law distinguishes between justifiable, accidental and culpable homicide. If a death is deemed a culpable homicide, it generally falls under one of four categories.

First degree murder

Definition: A culpable homicide that is planned and deliberate — both aspects must be demonstrated in order for the homicide to be considered first-degree murder.

Some homicides are automatically considered first-degree murder — even if they were not intentional or planned:
■The killing of a police officer or prison employee on duty.
■A killing committed in the course of one of the following offences: hijacking, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping, forcible confinement, hostage taking, terrorism, intimidation,criminal harassment, any offence committed on behalf of a criminal organization.

Sentence: First -degree murder carries an automatic life sentence with no possibility of parole for 25 years. Offenders who are paroled remain on parole for the rest of their life, even after their release from prison, meaning they must report to a parole officer and are subject to the conditions of their parole. If they break the conditions of their release, they are sent directly back to prison without a hearing.

Second-degree murder

Definition: A deliberate killing carried out without planning that does not fall under any of the categories of first degree murder.

Sentence: The minimum sentence is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years. The date of parole eligibility is at the judge's discretion.

Manslaughter

Definition: A homicide committed without the intention to cause death, although there may have been an intention to cause harm. There are two broad categories of manslaughter:

Unlawful act — when a person commits a crime that unintentionally results in the death of another person. For example, an individual punches someone in the face, and that person dies of his or her injuries, or someone fires their gun carelessly in public and unintentionally shoots a bystander.

Criminal negligence — when the homicide was the result of an act or a failure to act that showed wanton or reckless disregard for the lives of others. An act is generally considered negligent if a reasonable person would have foreseen that the action would endanger a life. A failure to act can only be considered negligence if a person had a duty imposed by law to act — it does not apply, for example, to bystanders who see a person in distress and don't help.

In some instances, a murder charge may be reduced to manslaughter if alcohol or other substances are found to have impaired the mental faculties of the perpetrator or if the homicide was committed in the heat of passion resulting from provocation, which is defined as a wrongful act or insult that would deprive an ordinary person of the power of self-control.

Impaired driving causing death is a separate offence under the Criminal Code that carries a maximum punishment of 14 years in prison.

Sentence: Manslaughter carries no minimum sentence, except when it is committed with a firearm, in which case the minimum sentence is four years in prison. Sentences vary from probation to life in prison.

Infanticide

Definition: When a mother causes the death of her newborn child, either willfully or through an act of omission, while in a mentally disturbed state resulting from the effects of giving birth to the child.

Sentence: No minimum sentence, but the maximum sentence is five years in prison.


Source: http://www.cbc.ca/news/canada/murder-vs ... -1.1155132

[Even Steven]

Does anyone know HOW this could be considered only manslaughter?

Murder would mean he actually meant to kill him and had a motive for it. Manslaughter is when somebody dies due to your actions but without an actual wish to kill him. Like the guy looked at him funny and he stabbed him to scare him but ended up killing him.

[OREZ]

Shouldn't it have been at least second degree murder then? It's not like he stabbed him in the arm or something, it was the neck and then he fled.

[bidwell2]

*removed*

[gman313]

Shouldn't it have been at least second degree murder then? It's not like he stabbed him in the arm or something, it was the neck and then he fled.

I'm sure his lawyers will argue he is on something or only meant to hurt or rob

unfortunately he will probably only get manslaughter - which has no minimum sentece

[Trigger69]

Does anyone know HOW this could be considered only manslaughter?

I have no direct knowledge of this and I am only speculating here but it seems like a sort of backroom deal here. I mean defence probably proposed the guilty plea for manslaughter in exchange for Crown accepting the lesser charge. Again pure speculation on my part but it kills two birds with one stone, Crown does not run the risk of losing a conviction on 2nd degree murder (harder to prove) and gets a substantial guilty plea and it removes 100's of hours for court time.

[zerograv]

sticking a buck knife into someones neck sure sounds like more than "intention to only cause harm."

[gman313]

sticking a buck knife into someones neck sure sounds like more than "intention to only cause harm."

agreed

but apparently second degree an be reduced to manslaughter because of medical conditions. say your drunk, high or depressed and you can't get a lesser charge

[Trigger69]

agreed

but apparently second degree an be reduced to manslaughter because of medical conditions. say your drunk, high or depressed and you can't get a lesser charge

100% and with out speaking to all the parties involved here its anyone's guess really. I will say this tho. Crown Counsel is entrusted by the public to make these sort of decisions based on the public interest and if same is satisfied. I think there is a lot as to the reasons why this happened and I would probably go as far as to say mental illness or the use of drugs and or alcohol was involved.