What is the legal test for planning and deliberating to murder?
Ontario, Canada
The following excerpt is from R. v. Hall, 2003 CanLII 13025 (ON SC):
[93] Planning and deliberation are separate elements of the offence of first degree murder, both of which must be established beyond a reasonable doubt. See R. v. Alders (1993), 1993 CanLII 99 (SCC), 82 C.C.C. (3d) 215 (S.C.C.), at 233; and More v. The Queen, 1963 CanLII 79 (SCC), [1963] 3 C.C.C. 289 (S.C.C.), at 291.
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