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Offense

Attempted Murder

Acts Leading to or Intending Death

Attempted murder is the offense of taking a substantial step toward killing another person with the intent required for murder, while the killing itself is not completed, whether because the victim survives, the offender is interrupted, or the attempt otherwise fails. Because it requires proof of the same culpable intent as a completed murder without the resulting death, prosecutions turn heavily on evidence of the offender's state of mind at the time of the act, such as the weapon used, the manner of the attack, and any statements made before or during it, rather than on the outcome. Most legal systems punish attempted murder severely, though typically somewhat less than a completed murder, reflecting the view that the offender's culpability lies chiefly in the intent and the act taken toward it rather than in the harm that happened not to occur. The offense sits within a broader doctrine of criminal attempt that applies similarly to other serious crimes, but attempted murder is prosecuted and studied as its own named category because of how frequently a violent assault falls just short of a fatal outcome.

Facts
Classification Code
In England and Wales, attempted murder is a statutory offense under section 1(1) of the Criminal Attempts Act 1981, indictable and carrying a maximum penalty of life imprisonment. 1
Typical Penalty
In Canada, section 239 of the Criminal Code sets a maximum penalty of life imprisonment for attempted murder, with a mandatory minimum of four, five or seven years when a firearm is used, depending on prior convictions and any link to organized crime. 1
Elements of Offense
The offense requires an intention to kill together with an overt act toward committing the killing, a stricter mental state than murder itself, which can also rest on intent to cause grievous bodily harm. 1
Notable Example
In the English case R v Morrison, decided in 2003, the Court of Appeal held that attempting to cause grievous bodily harm is a valid alternative verdict to attempted murder on the same indictment. 1
Jurisdiction Variation
Scotland treats attempted murder as a common law crime identical to murder except that the victim survives, in contrast to the statutory offense created by the Criminal Attempts Act 1981 in England and Wales. 1
Classification
Offense Grade
Serious or Indictable Offense 1
Sources
1. Attempted Murder (Wikipedia)
Wikipedia
  • lead paragraph, first sentence
    Attempted murder is a crime of attempt in various jurisdictions.
  • England and Wales section, Criminal Attempts Act 1981
    In England and Wales, as an "attempt", attempted murder is an offence under section 1(1) of the Criminal Attempts Act 1981 and is an indictable offence which carries a maximum penalty of life imprisonment (the same as the mandatory sentence for murder).
  • England and Wales section, mens rea paragraph
    The mens rea (Latin for the "guilty mind") for murder is an intention to kill or cause grievous bodily harm, whereas attempted murder depends on an intention to kill and an overt act towards committing homicide.
  • Canada section, Criminal Code section 239
    Section 239 of the Criminal Code makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven years, dependent on prior convictions and relation to organized crime.
  • England and Wales section, R v Morrison 2003
    in R v Morrison [2003] 1 WLR 1859, the Court of Appeal considered the issue of alternative verdicts on an indictment with a single count of attempted murder.
  • Scotland section, common law offense
    Attempted murder is a crime at common law in Scotland. Attempted murder is the same as the offence of murder in Scots law with the only difference being that the victim has not died.
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