FJAG
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garb811 said:Finally, I find it ironic that some of the commentators were upset that the charge was 2nd Degree murder as opposed to manslaughter as they think it would be easier to get a conviction on manslaughter. Obviously the intent in their mind is to just convict a cop as opposed to seeing justice truly served.
This points to uninformed commentators amongst the press. Manslaughter is a lesser included offence to both 1st and 2nd degree murder. Accordingly where an individual is charged with 2nd degree murder and the crown cannot establish all the requisite elements for that charge, a jury can still find an individual guilty of manslaughter as long as all the requisite elements for manslaughter are proven.