本帖最后由 酒中仙 于 2014-3-29 18:30 编辑
加拿大刑法的一级谋杀罪有一条（6）适用于一些非预谋的情况，例如袭警，有组织犯罪活动，等：
（6） Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered. ........ Intimidation (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.
这里涉及的423.1 说的是那种危害他人的故意犯罪行为
Threats and Intimidation
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing, (a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property; (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged; (c) persistently follows that person; (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them; (e) with one or more other persons, follows that person, in a disorderly manner, on a highway; (f) besets or watches the place where that person resides, works, carries on business or happens to be; or (g) blocks or obstructs a highway.
Intimidation的含义如下：
Intimidation (also called cowing) is intentional behavior that "would cause a person of ordinary sensibilities" fear of injury or harm. It is not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.
根据这些阅读，我的理解是，当犯罪分子在实行侵害他人的犯罪行为时造成被害人死亡，即可构成一级谋杀。这种侵害行为是暴力的并且使被害人感到了恐惧。
所以，警方按一级谋杀起诉迪克森是有根据的。看辩护律师有啥“暗器”可以把这个案子辩成二级谋杀吧！
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发表于 2014-3-29 15:21:38
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发表于 2014-3-29 15:43:19
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