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" - e.g. provocation or self-defense.

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".

Domascewicz's guilt may be assumed based upon his conduct at the time of the baby's 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.

The prosecution, although they lost, did a good job considering the amount of evidence there was.

THE ROLE OF THE PROSECUTION AND DEFENCE

The police photograph of the crowbar was out-of-focus and was not clear enough. It may have been a shovel and may not have had anything to do with the death of Jaidyn Leskie.

The prosecution represents the crown. They prosecute on behalf of "the people". They analyze the evidence and make a decision on whether to proceed with the trial or not.

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Approximate Word count = 1059
Approximate Pages = 4 (250 words per page double spaced)