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What is Attempted Murder?
Attempted murder is defined as:
“An act or omission intended to cause the death of another person, where the act falls short of causing death but demonstrates a clear intention to kill or cause serious harm. Attempted murder includes both direct actions aimed at ending another’s life and situations where an individual commits an act knowing that it is likely to cause death or serious harm, yet death does not ensue.”
In Australia, an attempted murder charge is a severe charge that is typically handled by the Supreme Court, reflecting the grave intent it represents.
To secure a conviction for attempted murder, the Prosecution must prove beyond a reasonable doubt:
- The accused committed an act or omission with the intention of causing death;
- The act was carried out with the intention to kill or cause serious harm, or with reckless indifference to human life;
- The act, though executed with the intention of causing death, did not result in the death of the person.
What Are The Penalties for An Attempted Murder Charge?
Attempted murder, while not resulting in the loss of life, is still viewed as a grave offence under the Criminal Code Act 1899. The penalties for attempted murder reflect the seriousness of intending to end a life. In Australia, those convicted of attempted murder can face severe consequences, often resulting in lengthy prison sentences, including life imprisonment, which suggests serving a significant term of 25 years.
Defences to Attempted Murder Charges
Self Defence: This defence argues that the accused’s actions were necessary for self-protection or protecting another from imminent death or serious harm. The accused must demonstrate a reasonable belief in the necessity of their actions, and their response must be proportional to the perceived threat.
Duress: If the accused acted under duress, such as being threatened with significant harm or death, this can form a basis for defence. It must be shown that the accused had no viable or safe way to avoid committing the act.
Mental Impairment: This defence posits that the accused was suffering from a mental impairment at the offence time, significantly affecting their ability to understand their actions or discern right from wrong. Mental impairment can encompass a range of conditions affecting the accused’s mental faculties.
Accident: Suitable when the act that could have led to death was unintentional, and the accused had no intent to cause serious harm or death. The defence must establish that the event leading to the charge was accidental.
Provocation: Although its applicability is limited in cases of attempted murder and may be more relevant to charges reduced to manslaughter, provocation involves demonstrating that the accused was provoked to the extent of losing control. This defence, however, does not justify the act but might influence the severity of the charge.
Criminal Law Experts in Attempted Murder Defence
If you’re facing an attempted murder charge, contact our criminal defence lawyers.
When you reach out to Rana Lawyers for an initial consultation regarding an attempted murder charge, you’re met with a team of experienced defence lawyers ready to conduct an in-depth evaluation of your case and to work tirelessly on your defence.
