Attempted Murder
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Attempted murder is a criminal offence in which a person tries to unlawfully cause the death of another person, but the attempt is not successful. It is a specific intent crime because it requires the prosecution to prove that the defendant had the intention to commit the act and had the specific goal of killing the victim. To be charged with attempted murder, typically, the following elements must be established:
Attempt: Under Section 1(1) of the Criminal Attempts Act 1981, a person is guilty of attempting to commit an offence if he does an act, which is more than merely preparatory to the commission of the offence, with the intention of committing an offence.
Actus reus (guilty act): The defendant must have taken steps that is more than merely preparatory towards carrying out the killing. Mere preparation or mere thoughts of committing the crime are insufficient to constitute an attempted murder charge. There must be a direct action more than merely preparatory towards the commission of the killing.
Mens rea (guilty mind): The prosecution must demonstrate that the defendant had the specific intent to cause the death of the victim. This means showing that the defendant consciously and purposefully intended to commit the act.
The defence strategies in attempted murder cases can be complex and often involve arguing against the existence of specific intent, challenging the evidence of the defendant's actions, or presenting evidence to show lack of mens rea. Sentences for attempted murder can be severe, often carrying penalties similar to those for completed murder, though typically not as severe.
Attempt: Under Section 1(1) of the Criminal Attempts Act 1981, a person is guilty of attempting to commit an offence if he does an act, which is more than merely preparatory to the commission of the offence, with the intention of committing an offence.
Actus reus (guilty act): The defendant must have taken steps that is more than merely preparatory towards carrying out the killing. Mere preparation or mere thoughts of committing the crime are insufficient to constitute an attempted murder charge. There must be a direct action more than merely preparatory towards the commission of the killing.
Mens rea (guilty mind): The prosecution must demonstrate that the defendant had the specific intent to cause the death of the victim. This means showing that the defendant consciously and purposefully intended to commit the act.
The defence strategies in attempted murder cases can be complex and often involve arguing against the existence of specific intent, challenging the evidence of the defendant's actions, or presenting evidence to show lack of mens rea. Sentences for attempted murder can be severe, often carrying penalties similar to those for completed murder, though typically not as severe.
