229. Murder – Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and Is reckless whether death ensues or not;
Murder is the ultimate crime in any organized society and Canada is no exception. Persons convicted of murder, either 1st or 2nd degree, face a mandatory sentence of life in prison.
Those convicted of 1st degree murder are not eligible to apply for parole until they have served a minimum of 25 years. Those convicted of 2nd degree murder must serve a minimum of 10 years and a maximum of 25 years before they are eligible to apply for parole. Should the offender eventually be released, they will be monitored for the remainder of their lives.
There is no mandatory sentence for manslaughter, and sentences are typically a fraction of the mandatory life sentences imposed for murder.
Wade Jenson has extensive experience and success in defending those charged with the most serious of all crimes.
1) 1st Degree Murder
In defending the highest-profile criminal case in Kelowna’s history, and following a successful defence of the charge of 1st degree murder, criminal lawyer Wade Jenson presented sentencing submissions on behalf of his client on the lesser offence of manslaughter. Rather than 25 years behind bars before parole eligibility, client qualifies for release in less than 2 years.
2) The Businessman
Criminal lawyer Wade Jenson was hired by a West Kelowna businessman charged with the 2nd degree murder of his wife and facing life in prison. Wade Jenson secured his client’s release on bail with a $50,000 cash deposit. Following a preliminary hearing during which the reliability of a police firearms expert was shaken on cross-examination, the charge was successfully reduced to manslaughter.
3) Mental Disorder
Police were called to attend a Kelowna home where they found the deceased University professor on the floor, having been strangled to death. Criminal defence lawyer Wade Jenson was retained to defend the deceased’s partner who, it was revealed at trial, had been suffering from paranoid delusions.Expert opinion evidence was presented to establish that the accused did not appreciate “the nature and quality” of his actions. Client found NOT CRIMINALLY RESPONSIBLE.
4) Attempted Murder
The accused allegedly fired two rounds from a high-powered rifle through the bedroom window of a man who had earlier in the evening pointed a firearm at him. The shots missed the resident’s head by inches. Criminal lawyer Wade Jenson was retained to defend a charge of attempted murder. After hearing from witnesses at the preliminary hearing, Wade Jenson argued the evidence was insufficient for committal to trial. CHARGE DISMISSED.