What is the test for a convicted murderer to be convicted of first degree murder?
Manitoba, Canada
The following excerpt is from R. v. S.M.J., 2006 MBQB 71 (CanLII):
First degree murder is an aggravated form of murder and is not in and of itself a distinct offence. The classification of murder as one of first degree is for the purposes of sentencing. As was stated in Harbottle v. Queen (1993), 1993 CanLII 71 (SCC), 84 C.C.C. (3d) 1 (S.C.C.) at p. 11, the purpose of classifying some forms of murder as first degree is: … to impose the longest possible term of imprisonment without eligibility for parole upon those who commit the most grievous murders. It is concerned with contract killers; with those who murder police officers and correctional officers; those who murder after planning and deliberation, and with those who murder while committing crimes of combination.
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