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69-719: MV Sun Sea is a Thai cargo ship that brought 492 Sri Lankan Tamils into British Columbia , Canada , in August 2010. Following their arrival, the passengers—seeking refuge in Canada after the Sri Lankan Civil War —were transferred to detention facilities in the Lower Mainland , for which the Canadian Government would garner heavy criticism from various Canadian advocacy groups. The MV Sun Sea
138-417: A public wrong . According to common law, murder is considered to be malum in se , that is, an act which is evil within itself. An act such as murder is wrong or evil by its very nature, and it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime. Some jurisdictions still take a common law view of murder. In such jurisdictions, what
207-403: A condition that affected their judgment at the time. Depression , post-traumatic stress disorder and medication side-effects are examples of conditions that may be taken into account when assessing responsibility. Mental disorder may apply to a wide range of disorders including psychosis caused by schizophrenia and dementia , and excuse the person from the need to undergo the stress of
276-432: A conscious disregard of an unreasonable risk of death or serious bodily injury. In Australian jurisdictions, the unreasonable risk must amount to a foreseen probability of death (or grievous bodily harm in most states), as opposed to possibility. Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly,
345-564: A criminal action...." Murder with specified aggravating circumstances is often punished more harshly. Depending on the jurisdiction, such circumstances may include: In the United States and Canada, these murders are referred to as first-degree or aggravated murders. Under English criminal law , murder always carries a mandatory life sentence , but is not classified into degrees. Penalties for murder committed under aggravating circumstances are often higher under English law than
414-413: A defendant to be convicted of intentionally murdering a person they did not know existed. Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances . This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from
483-420: A finding of intent to kill, such as "loss of control" or "diminished responsibility", may result in the reduction of a murder charge to voluntary manslaughter. The four states of mind recognised as constituting "malice" are: Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorises
552-546: A long-term prison sentence, a life sentence , or capital punishment . Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law , mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise. The modern English word "murder" descends from the Proto-Indo-European *mŕ̥-trom which meant "killing",
621-562: A merchant ship's prefix, denotes that it is a T urbine S teamer. Famous cargo ships include the 2,710 Liberty ships of World War II , partly based on a British design . Liberty ship sections were prefabricated in locations across the United States and then assembled by shipbuilders in an average of six weeks, with the record being just over four days. These ships allowed the Allies in World War II to replace sunken cargo vessels at
690-541: A narrow channel between Indonesia and Singapore / Malaysia , and cargo ships are still commonly targeted. In 2004, the governments of those three nations agreed to provide better protection for the ships passing through the Straits. The waters off Somalia and Nigeria are also prone to piracy, while smaller vessels are also in danger along parts of the South American coasts, Southeast Asian coasts, and near
759-404: A noun derived from *mer- "to die". Proto-Germanic , in fact, had two nouns derived from this word, later merging into the modern English noun: *murþrą "death, killing, murder" (directly from Proto-Indo-European *mŕ̥-trom ), whence Old English morðor "secret or unlawful killing of a person, murder; mortal sin, crime; punishment, torment, misery"; and *murþrijô "murderer; homicide" (from
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#1732782438334828-407: A permissive inference of intent to kill. Examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. Under state of mind (iii), an "abandoned and malignant heart", the killing must result from the defendant's conduct involving a reckless indifference to human life and
897-412: A person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied. At common law, murder was normally punishable by death. The elements of common law murder are: In contrast with manslaughter , murder requires the mental element known as malice aforethought. Mitigating factors that weigh against
966-571: A rate greater than the Kriegsmarine 's U-boats could sink them, and contributed significantly to the war effort, the delivery of supplies, and eventual victory over the Axis powers. Liberty ships were followed by the faster Victory ships . Canada built Park ships and Fort ships to meet the demand for the Allies shipping. The United Kingdom built Empire ships and used US Ocean ships . After
1035-536: A three-month voyage. All made refugee claims due to violence in Sri Lanka and the Sri Lankan Civil War . On August 14 and 15, the adult migrants were transferred to "accommodation and detention facilities" in the Lower Mainland , while minors were taken to low-risk facilities, with their mothers if they were accompanied. In February 2011, the incident was estimated to have cost the federal government $ 25 million. On February 10, 2011, Amnesty International Canada,
1104-447: A trial as to liability. Usually, sociopathy and other personality disorders are not legally considered insanity. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict. This defense has two elements: Under New York law, for example: § 40.15 Mental disease or defect. In any prosecution for an offense, it
1173-408: Is an affirmative defence that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct
1242-492: Is considered to be murder is defined by precedent case law or previous decisions of the courts of law. However, although the common law is by nature flexible and adaptable, in the interests both of certainty and of securing convictions, most common law jurisdictions have codified their criminal law and now have statutory definitions of murder. Although laws vary by country, there are circumstances of exclusion that are common in many legal systems. All jurisdictions require that
1311-433: Is increasing: with bunker fuel consumption at 278 million tonnes per year in 2001, it is projected to be at 500 million tonnes per year in 2020. International standards to dramatically reduce sulphur content in marine fuels and nitrogen oxide emissions have been put in place. Among some of the solutions offered is changing over the fuel intake to clean diesel or marine gas oil, while in restricted waters and cold ironing
1380-482: Is maintained; when differentiating between murder and manslaughter, the only relevant factor is the existence or not of premeditation (rather than the existence or not of mitigating or aggravated factors). Manslaughter (non-premeditated intentional killing) with aggravating factors is punished more severely, but it is not classified as murder, because murder is an offense which always requires premeditation. According to Blackstone, English common law identified murder as
1449-403: Is recognized, is a killing that lacks all but the most attenuated guilty intent , recklessness. Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution , deterrence , rehabilitation , or incapacitation . In most countries, a person convicted of murder generally receives
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#17327824383341518-426: Is the crime of wrongfully and intentionally causing the death of another human being (also known as murder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension. State laws in the United States vary as to definitions of "premeditation". In some states, premeditation may be construed as taking place mere seconds before
1587-713: The Canadian Council for Refugees , the Canadian Tamil Congress , and the International Civil Liberties Monitoring Group criticized "the government's aggressive efforts to keep the passengers of the MV Sun Sea in detention," claiming that Most refugee claimants are not detained on arrival in Canada, and those that are detained are usually released within a matter of days or weeks. In the case of
1656-724: The Caribbean Sea . A category designation appears before the vessel's name. A few examples of prefixes for naval ships are "USS" ( United States Ship ), "HMS" ( Her/His Majesty’s Ship ), "HMCS" ( Her/His Majesty's Canadian Ship ) and "HTMS" (His Thai Majesty's Ship), while a few examples for prefixes for merchant ships are "RMS" ( Royal Mail Ship , usually a passenger liner), "MV" ( Motor Vessel , powered by diesel ), "MT" (Motor Tanker, powered vessel carrying liquids only) "FV" Fishing Vessel and "SS" ( Screw Steamer , driven by propellers or screws, often understood to stand for Steamship ). "TS", sometimes found in first position before
1725-510: The European Union is planning stricter controls on emissions. Cargo ships have been reported to have a possible negative impact on the population of whale sharks. Smithsonian Magazine reported in 2022 that whale sharks , the largest species of fish, have been disappearing mysteriously over the past 75 years, with research pointing to cargo ships and large vessels as the likely culprits. A study involving over 75 researchers highlighted
1794-583: The Ex Post Facto Clause of Article I of the United States Constitution . The potential effect of fully abolishing the rule can be seen in the case of 74-year-old William Barnes, charged with the murder of a Philadelphia police officer Walter T. Barclay Jr., who he had shot nearly 41 years previously. Barnes had served 16 years in prison for attempting to murder Barkley, but when the policeman died on August 19, 2007, this
1863-614: The Supreme Court of California in 1994 as not requiring any proof of the viability of the fetus as a prerequisite to a murder conviction. This holding has two implications. Firstly, a defendant in California can be convicted of murder for killing a fetus which the mother herself could have terminated without committing a crime. And secondly, as stated by Justice Stanley Mosk in his dissent, because women carrying nonviable fetuses may not be visibly pregnant, it may be possible for
1932-474: The criminal code classifies murder as either first- or second-degree. The former type of murder is often called premeditated murder, although premeditation is not the only way murder can be classified as first-degree. In the Netherlands , the traditional strict distinction between premeditated intentional killing (classed as murder, moord ) and non-premeditated intentional killing (manslaughter, doodslag )
2001-428: The 15-year minimum non-parole period that otherwise serves as a starting point for a murder committed by an adult. A legal doctrine in some common law jurisdictions broadens the crime of murder: when an offender kills in the commission of a dangerous crime, (regardless of intent), he or she is guilty of murder. The felony murder rule is often justified by its supporters as a means of preventing dangerous felonies, but
2070-566: The Federal Court, even in cases involving children. In 2012, Prime Minister Stephen Harper gave Thailand $ 12 million to battle human smuggling operations, and the government toughened immigration laws and penalties on human smugglers. Six suspects—two Canadians and four Sri Lankans—were charged in connection with the case. In May 2018, Public Works and Government Services of Canada issued Letter of Interest for vessel Disposal scheduled to be complete by March 31, 2019. As of August 2019,
2139-620: The Germanic noun via Frankish *murþra (compare Old High German murdreo, murdiro ), though the same sound development can be seen with burden (from burthen ). The alternative murther (attested up to the 19th century) springs directly from the Old English forms. Middle English mordre is a verb from Anglo-Saxon myrðrian from Proto-Germanic *murþrijaną , or, according to the Oxford English Dictionary , from
MV Sun Sea incident - Misplaced Pages Continue
2208-553: The MV Sun Sea passengers, however, the government has been demanding more proofs of identity than usual, investing significant energy and resources in a search for adverse information about the passengers, advancing weak arguments for inadmissibility based on tenuous alleged connections with the LTTE [Liberation Tigers of Tamil Eelam], vigorously opposing release by the Immigration and Refugee Board, and contesting orders of release in
2277-468: The U.S. further distinguish third-degree murder , but they differ significantly in which kinds of murders they classify as second-degree versus third-degree. For example, Minnesota defines third-degree murder as depraved-heart murder , whereas Florida defines third-degree murder as felony murder (except when the underlying felony is specifically listed in the definition of first-degree murder). Some jurisdictions also distinguish premeditated murder. This
2346-521: The Uniform Penal Code, such as California, diminished capacity may be a defense. For example, Dan White used this defense to obtain a manslaughter conviction, instead of murder, in the assassination of Mayor George Moscone and Supervisor Harvey Milk . Afterward, California amended its penal code to provide "As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in
2415-426: The United States, many jurisdictions have abolished the rule as well. Abolition of the rule has been accomplished by enactment of statutory criminal codes, which had the effect of displacing the common-law definitions of crimes and corresponding defenses. In 2001 the Supreme Court of the United States held that retroactive application of a state supreme court decision abolishing the year-and-a-day rule did not violate
2484-408: The canal locks a ship can fit in, water depth ( draft ) is a limitation for canals, shallow straits or harbors and height is a limitation in order to pass under bridges. Common categories include: [REDACTED] The TI-class supertanker is an Ultra Large Crude Carrier, with a draft that is deeper than Suezmax, Malaccamax and Neopanamax. This causes Atlantic/Pacific routes to be very long, such as
2553-440: The case of Ryan Holle shows it can be used very widely. The felony-murder reflects the versari in re illicita: the offender is objectively responsible for the event of the unintentional crime; in fact the figure of the civil law systems corresponding to felony murder is the preterintentional homicide (art. 222-7 French penal code, art. 584 Italian penal code, art. 227 German penal code etc.). Felony murder contrasts with
2622-422: The cause of death, breaking the chain of causation ; and also means that the responsible person does not have a charge of murder "hanging over their head indefinitely". Subject to any statute of limitations , the accused could still be charged with an offense reflecting the seriousness of the initial assault. With advances in modern medicine, most countries have abandoned a fixed time period and test causation on
2691-504: The danger posed to whale sharks by shipping activities in various regions, including Ecuador, Mexico, Malaysia, the Philippines, Oman, Seychelles, and Taiwan. See also, similar role:- Empire ship , Fort ship , Park ship , Ocean ship . Murder Note: Varies by jurisdiction Note: Varies by jurisdiction Murder is the unlawful killing of another human without justification or valid excuse committed with
2760-492: The effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child". Since independence, death sentences for murder in such cases had always been commuted ; the new act was intended "to eliminate all the terrible ritual of the black cap and the solemn words of the judge pronouncing sentence of death in those cases ... where it is clear to the Court and to everybody, except perhaps
2829-473: The facts of the case. This is known as "delayed death" and cases where this was applied or was attempted to be applied go back to at least 1966. In England and Wales, the "year-and-a-day rule" was abolished by the Law Reform (Year and a Day Rule) Act 1996 . However, if death occurs three years or more after the original attack then prosecution can take place only with the attorney-general 's approval. In
MV Sun Sea incident - Misplaced Pages Continue
2898-514: The goods carried aboard the ship for hire, while "freight" refers to the act of carrying of such cargo, but the terms have been used interchangeably for centuries. Generally, the modern ocean shipping business is divided into two classes: Larger cargo ships are generally operated by shipping lines : companies that specialize in the handling of cargo in general. Smaller vessels, such as coasters , are often owned by their operators. Cargo ships/freighters can be divided into eight groups, according to
2967-637: The legal distinction between murder and manslaughter is clear, it is not unknown for a jury to find a murder defendant guilty of the lesser offense. The jury might sympathize with the defendant (e.g. in a crime of passion , or in the case of a bullied victim who kills their tormentor), and the jury may wish to protect the defendant from a sentence of life imprisonment or execution. Some jurisdictions divide murder by degrees. The distinction between first- and second-degree murder exists, for example, in Canadian murder law and U.S. murder law . Some US states maintain
3036-706: The locks on the Saint Lawrence Seaway . The earliest records of waterborne activity mention the carriage of items for trade; the evidence of history and archaeology shows the practice to be widespread by the beginning of the 1st millennium BC, and as early as the 14th and 15th centuries BC small Mediterranean cargo ships like those of the 50 foot long (15–16 metre) Uluburun ship were carrying 20 tons of exotic cargo; 11 tons of raw copper, jars, glass, ivory, gold, spices, and treasures from Canaan , Greece , Egypt , and Africa . The desire to operate trade routes over longer distances, and throughout more seasons of
3105-606: The long voyages south of Cape of Good Hope or south of Cape Horn to transit between Atlantic and Pacific oceans. Lake freighters built for the Great Lakes in North America differ in design from sea water–going ships because of the difference in wave size and frequency in the lakes. A number of these ships are larger than Seawaymax and cannot leave the lakes and pass to the Atlantic Ocean, since they do not fit
3174-475: The murder. Premeditated murder is one of the most serious forms of homicide, and is punished more severely than manslaughter or other types of homicide, often with a life sentence without the possibility of parole , or in some countries, the death penalty . In the U.S., federal law ( 18 U.S.C. § 1111(a) ) criminalizes premeditated murder, felony murder and second-degree murder committed under situations where federal jurisdiction applies. In Canada,
3243-443: The necessary intention as defined by the law in a specific jurisdiction . This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide , such as manslaughter . Manslaughter is killing committed in the absence of malice , such as in the case of voluntary manslaughter brought about by reasonable provocation , or diminished capacity . Involuntary manslaughter , where it
3312-513: The noun. Opponents of abortion consider abortion a form of murder, treating the foetus as a person. In some countries, a fetus is a legal person who can be murdered, and killing a pregnant person is considered a double homicide. The eighteenth-century English jurist William Blackstone (citing Edward Coke ), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs when
3381-497: The offense of capital murder . The most common division is between first- and second-degree murder. Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation. In some, murders committed by acts such as strangulation , poisoning , or lying in wait are also treated as first-degree murder. A few states in
3450-507: The pain of the victim). After the last reform of the Spanish Criminal Code , in force since July 1, 2015, another circumstance that turns homicide ( homicidio ) into assassination is the desire to facilitate the commission of another crime or to prevent it from being discovered. As with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation. Even when
3519-413: The passengers from Sun Sea who was deported from Canada was detained and tortured by Sri Lankan authorities. In July 2011, Sathyapavan Aseervatham, one of the passengers on Sun Sea , was deported from Canada to Sri Lanka, where he was arrested by authorities upon his arrival and detained for over one year. After his releases from custody, Aseervatham provided an affidavit to his Canadian lawyer outlining
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#17327824383343588-493: The penalty for mothers who kill their children of up to one year of age. The United States does not have such a law, but mentally ill mothers may plead not guilty by reason of insanity." In the law of the Republic of Ireland , infanticide was made a separate crime from murder in 1949, applicable for the mother of a baby under one year old where "the balance of her mind was disturbed by reason of her not having fully recovered from
3657-601: The physical and psychological torture he suffered while detained in a Sri Lankan prison. This affidavit was provided to the Refugee Protection Division in private proceedings for other Sun Sea migrant hearings. It was later discovered that Canadian immigration authorities had shared this confidential affidavit with the Sri Lankan authorities who allegedly tortured Aseervatham. He was subsequently killed in Sri Lanka when an unknown motorist struck him on
3726-605: The principle of guilt, for which in England it was, at least formally, abolished in 1957, in Canada it was quashed by the Supreme Court, while in the USA it continues to survive. In some common law jurisdictions, a defendant accused of murder is not guilty if the victim survives for longer than one year and one day after the attack. This reflects the likelihood that if the victim dies, other factors will have contributed to
3795-518: The ship while it is in port. The process of removing sulphur from the fuel impacts the viscosity and lubricity of the marine gas oil though, which could cause damage in the engine fuel pump . The fuel viscosity can be raised by cooling the fuel down. If the various requirements are enforced, the International Maritime Organization 's marine fuel requirement will mean a 90% reduction in sulphur oxide emissions; whilst
3864-593: The smaller shipping companies and private individuals operate tramp ships. Cargo liners run on fixed schedules published by the shipping companies. Each trip a liner takes is called a voyage. Liners mostly carry general cargo. However, some cargo liners may carry passengers also. A cargo liner that carries 12 or more passengers is called a combination or passenger-run-cargo line. Cargo ships are categorized partly by cargo or shipping capacity ( tonnage ), partly by weight ( deadweight tonnage DWT), and partly by dimensions. Maximum dimensions such as length and width ( beam ) limit
3933-463: The street. Kirushna Kumar Kanagaratnam was another passenger who was murdered sometime late in 2015, being one of a number of men killed by serial killer Bruce McArthur in Toronto . His refugee claim, too, had been denied. Cargo ship A cargo ship or freighter is a merchant ship that carries cargo , goods , and materials from one port to another. Thousands of cargo carriers ply
4002-533: The type of cargo they carry. These groups are: Specialized types of cargo vessels include container ships and bulk carriers (technically tankers of all sizes are cargo ships, although they are routinely thought of as a separate category). Cargo ships fall into two further categories that reflect the services they offer to industry: liner and tramp services. Those on a fixed published schedule and fixed tariff rates are cargo liners. Tramp ships do not have fixed schedules. Users charter them to haul loads. Generally,
4071-447: The underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies. In Spanish criminal law, asesinato (literally 'assassination'): takes place when any of these requirements concur: Treachery (the use of means to avoid risk for the aggressor or to ensure that the crime goes unpunished), price or reward (financial gain) or viciousness (deliberately increasing
4140-450: The unfortunate accused, that the sentence will never be carried out." In Russia, murder of a newborn child by the mother has been a separate crime since 1996. For a killing to be considered murder in nine out of fifty states in the US, there normally needs to be an element of intent. A defendant may argue that they took precautions not to kill, that the death could not have been anticipated, or
4209-631: The verb *murþrijaną "to murder"), giving Old English myrþra "homicide, murder; murderer". There was a third word for "murder" in Proto-Germanic, continuing Proto-Indo-European *mr̥tós "dead" (compare Latin mors ), giving Proto-Germanic *murþą "death, killing, murder" and Old English morþ "death, crime, murder" (compare German Mord ). The -d- first attested in Middle English mordre, mourdre, murder, murdre could have been influenced by Old French murdre , itself derived from
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#17327824383344278-765: The vessel was moved to the Nanaimo Shipyard. The disposal contract was awarded to Canadian Maritime Engineering of Victoria, British Columbia for scrapping . Entire ship-breaking was completed in December 2019. As of May 18, 2012, the majority of the passengers had been released, with refugee claims in progress. Two were in police custody, three were in Canada Border Services Agency detention, nineteen had been given deportation orders for alleged crimes, six had been accepted as refugees, and six had had their claims rejected. At least one of
4347-400: The victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse , a corporation, a non-human animal, or any other non-human organism such as a plant or bacterium. California 's murder statute, penal code section 187 , expressly mentioned a fetus as being capable of being killed, and was interpreted by
4416-796: The war many of the ships were sold to private companies. The Ever Given is a ship that was lodged into the Suez Canal from March 25 to 28, 2021, which caused a halt on maritime trade. The MV Dali , which collided with the Francis Scott Key Bridge in Baltimore , Maryland , United States , on 26 March 2024, causing a catastrophic structural failure of the bridge that resulted in at least 6 deaths. Due to its low cost, most large cargo vessels are powered by bunker fuel , also known as heavy fuel oil, which contains higher sulphur levels than diesel. This level of pollution
4485-509: The world's seas and oceans each year, handling the bulk of international trade . Cargo ships are usually specially designed for the task, often being equipped with cranes and other mechanisms to load and unload, and come in all sizes. Today, they are almost always built of welded steel , and with some exceptions generally have a life expectancy of 25 to 30 years before being scrapped. The words cargo and freight have become interchangeable in casual usage. Technically, "cargo" refers to
4554-580: The year, motivated improvements in ship design during the Middle Ages . Before the middle of the 19th century, the incidence of piracy resulted in most cargo ships being armed, sometimes quite heavily, as in the case of the Manila galleons and East Indiamen . They were also sometimes escorted by warships . Piracy is still quite common in some waters, particularly in the Malacca Straits ,
4623-505: Was tracked by the United States and Canada since June 2010 to anticipate where the ship would arrive. It was intercepted off the coast of British Columbia on August 12, 2010, and boarded by Canadian authorities. Escorted by HMCS Winnipeg and HMCS Whitehorse , it docked at CFB Esquimalt on August 13. 492 Sri Lankan asylum seekers (including 380 men, 63 women, and 49 minors) were on board, having left from Thailand on
4692-444: Was unavoidable. As a general rule, manslaughter constitutes reckless killing, but manslaughter also includes criminally negligent (i.e. grossly negligent) homicide. Unintentional killing that results from an involuntary action generally cannot constitute murder. After examining the evidence, a judge or jury (depending on the jurisdiction) would determine whether the killing was intentional or unintentional. In jurisdictions using
4761-568: Was wrong. Under the French Penal Code : Article 122-1 Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison. Postpartum depression (also known as post-natal depression) is recognized in some countries as a mitigating factor in cases of infanticide . According to Susan Friedman, "Two dozen nations have infanticide laws that decrease
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