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Legal Studies ELEMENTS OF MURDER AND MANSLAUGHTER All crimes involve a wrongful act and a guilty mind This is expressed in the official definition of murder as unlawfully kills and malice aforethought The degree of malice determines weather it is murder or manslaughter Generally murder includes the intent to kill or harm seriously with reckless indifference Manslaughter includes the intent to harm that results in death This is involuntary manslaughter Voluntary manslaughter would occur if the defendant killed to mitigate circumstances - eg provocation or self-defense ELEMENTS IN THE JAIDYN LESKIE CASE The elements of the guilty mind and the unlawful act are present in the R v Domascewicz case With the guilty mind if Domascewicz wanted to kill the baby because he was jealous of the parents he would have planned it and formed the intent There would have been a high degree of malice Domascewiczs guilt may be assumed based upon his conduct at the time of the babys death Joking about the death of a baby is not exactly normal in the eyes of right thinking people One might assume correctly that he is guilty based upon this But of coarse better evidence is needed There is a dead baby Because of this it is reasonable to believe that an unlawful act has been committed This is most likely a homicide Weather it is murder manslaughter infanticide accident etc etc depends on the degree of malice the accused had on the baby But if the baby died of epileptic seizure or asthma like the pathologist said might have occurred then it would not be a homicide Homicide is the killing of a person by another person If it were an accident or misadventure - lets say the accused accidentally feeds the baby a toxic substance thinking it was milk - then no crime has been committed and it would be a
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