Mr Latimer Famous Quotes

Famous Quote
“Once I present the case to the jury I totally accept their verdict. I'm at peace with either of the two verdicts that they could have rendered. They really worked hard on this. I don't look at it as a compromise. I think the evidence would have supported either verdict, second-degree murder or not guilty by reason of insanity. That's what juries are for.”(Peter Berger)
Famous Quote
“Once I present the case to the jury I totally accept their verdict. I'm at peace with either of the two verdicts that they could have rendered. They really worked hard on this. I don't look at it as a compromise. I think the evidence would have supported either verdict, second-degree murder or not guilty by reason of insanity. That's what juries are for.”(Peter Berger)
Question:
Are some murder cases mistaken for second or first degree murder?
Question:
Are some murder cases mistaken for second or first degree murder?
By: Usman Ali

Second Degree Murder
Second Degree Murder

Sentence 745. Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be (b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence; (c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4 Sentence 745. Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be (b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence; (c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4

Criminal Code
(7) All murder that is not first degree murder is second degree murder.
Criminal Code
(7) All murder that is not first degree murder is second degree murder.
Case
Mr. Latimer challenged the sentence on the grounds that the mandatory minimum sentence of 10 years for second degree murder constituted cruel and unusual punishment. The Supreme Court of Canada (SCC) dismissed Mr. Latimer’s appeal and upheld his life sentence with no parole eligibility for 10 years. The SCC held that the mandatory minimum sentence for second degree murder was constitutional and consistent with the goals of sentencing. The court also ruled that the trial judge was correct in not allowing the jury to consider the defense of necessity.

Case
Mr. Latimer challenged the sentence on the grounds that the mandatory minimum sentence of 10 years for second degree murder constituted cruel and unusual punishment. The Supreme Court of Canada (SCC) dismissed Mr. Latimer’s appeal and upheld his life sentence with no parole eligibility for 10 years. The SCC held that the mandatory minimum sentence for second degree murder was constitutional and consistent with the goals of sentencing. The court also ruled that the trial judge was correct in not allowing the jury to consider the defense of
necessity.