(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.
Marginal note:Murder - terrorist activity (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered. (e) section 279 (kidnapping and forcible confinement) or (d) section 273 (aggravated sexual assault) (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm)
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections: Marginal note:Hijacking, sexual assault or kidnapping (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein. (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties or (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is Marginal note:Murder of peace officer, etc. (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death. (2) Murder is first degree murder when it is planned and deliberate. Marginal note:Planned and deliberate murder 231 (1) Murder is first degree murder or second degree murder.
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