Would you be angry if the greyhound bus killer were freed and acquitted?

Question

I'm worried that because they charged him with 2nd degree murder, the court may determine his acts were pre-meditated.

If that determination is made, then they will say he's "Not Guilty" of 2nd degree murder.

He is "Guilty" of 1st degree murder.

But because the prosecution only pressed charges of 2nd degree murder, it's too late. "Not Guilty" of 2nd degree murder.

1st degree murder won't be looked into since it wasn't brought up by the prosecution.

Hence, he's freed.

Answer 1

He won't be acquitted the way you're describing.  1st degree murder is very, very, very rarely used in Canada as premeditation is extremely difficult to prove under the Canadian Criminal Code.

You're watching too many US legal shows.  

The reason he'd be out soon is if he were found to be insane at the time of the act - he could spend a year in Selkirk and be freed if the doctors felt he'd responded well to treatment.

Answer 2

He's a mental case.  He won't be let 'free' and then not ever thought about again.

Your 1st degree/2nd degree scenario is flawed.  Get a law book.

Answer 3

because he didn't plan on killing this specific person its not first degree and lets face it you would have to have a jury of people who have to wear helmits all day long and live in rubber rooms to aquit him of 2nd degree.  This guy is going away for a minimum of 15 to 25 years and because he is a loony-tune he most likely will be put in a pshyc ward until he is ready to serve his term which most likely will be never.  He is going to be locked up For Ever and the key thrown away!!!

Answer 4

I sure would.  This is the most senseless act of killing I ever heard of.

Answer 5

He won't be.  It is always a mistake to charge at too high a level, then be unable to meet the requirements, it is not a mistake to charge at a level that can be met for sure.  I suggest you go the library and open a basic Canadian law book.

You will find 2nd degree murder charge can easily be upgraded to 1st degree if the evidence warrants it.  However it is harder to downgrade from 1st to 2nd if the evidence does not support the charges, it would lead to defence claims of persecution and prosecutorial misconduct.  At this point in time, there is nothing to support the 1st degree murder charge.

Answer 6

Wow!  Convoluted thinking at it's less than best!