(Calgary, Q.B.) The accused was charged with second degree murder in relation to an early morning event in downtown Calgary. This was a difficult case, involving the testimony of over 50 witnesses. A jury found the accused “not guilty” of second degree murder.
homicide / murder LAWYER | CALGARY
DEFENDING homicide CASES FOR OVER FIFTEEN YEARS
FREE CONSULTATION: (403) 452-8018
David Chow understands the underpinnings of a murder case.
Homicide occurs whenever a person, directly or indirectly, causes the death of another human being. A person can only be convicted and sentenced for culpable homicide. Culpable homicide occurs when the person causing the death deserves the blame. Non-culpable homicide occurs when the person who causes the death does not deserve the blame. An example of non-culpable homicide occurs when a person kills another while reasonably acting in self defence.
Homicide is first degree murder, second degree murder, manslaughter and infanticide.
There are no other Criminal Code offences that attract more public attention or focus by the news media than homicide. If you have been charged with a homicide, it is almost an absolute certainty that you will be identified in both the print and television media.
Homicide investigations are resource intensive. Investigative techniques include everything from wiretap, surveillance, complex forensic examinations (such as those completed by forensic pathologists, ballistics experts and blood spatter experts), detailed crime scene investigation and even sophisticated undercover operations such as Mr. Big Stings.
Resisting a homicide is more than just defending the case in law, it also involves withstanding scrutiny by the media and perhaps even shouldering the cry for retribution by a potentially misinformed public.
If you have been charged with murder, the law requires that you be tried by a jury, unless the Crown consents otherwise. If charged with a homicide, there is an exceptionally high likelihood that the Crown will seek to detain you in custody while your case slowly progresses through the courts.
The weight of a homicide prosecution can be unbearable.
I understand both the personal and legal dynamics underpinning a homicide case. Most importantly, I understand the consequences if you are convicted. For instance, if convicted of first degree murder, the minimum sentence is life imprisonment. With that in mind, it is my view that to properly defend a homicide case, you require a lawyer who is not only capable, but willing to explore every possible option, even those that may attract much public derision.
Recent Case Results
February 2014 (Calgary, Q.B.)
The client was initially charged with first degree murder. The jury trial commenced in February 2014. The theory of the Crown’s case was that the accused mutilated his girlfriend and stabbed her to death. After a lengthy jury trial, David secured a verdict of not guilty to murder.
Client charged with attempted murder, unlawfully discharging a firearm, aggravated assault with a firearm and possession of a firearm in relation to allegedly shooting a person who was in his motor vehicle. After a lengthy trial, the Court of Queen's Bench Justice acquitted him attempted murder, aggravated assaulted and all charges relating to the discharge of the firearm. The basis for the acquittal was due to frailties in eyewitness identification bolstered by evidence of the accused.
Client charged with second degree murder. As a result of frailties in the Crown's case exposed at preliminary inquiry, the client accepted a plea to the lesser included offence of manslaughter.