Attempted murder is a serious crime that occurs when someone intentionally tries to kill another person, but the victim does not die. For an act to be considered attempted murder, two main elements must be present.
Firstly, there must be a clear intention to cause the death of the victim. This intent is often shown through the nature of the actions taken (e.g., using a weapon, making statements about wanting to kill, or inflicting life-threatening injuries). It is not enough for to solely intend to cause serious harm—they must specifically intend to kill.
Secondly there must be a direct action toward committing murder. That means there must be a concrete steps or action that would have led to murder if not interrupted or unsuccessful. For example, simply thinking about or discussing the possibility of killing someone, without action, does not constitute attempted murder.
Examples of attempted murder
- Shooting at someone but the bullet misses or does not result in a fatal wound.
- Stabbing someone with the intent to kill, but the victim survives.
- Administering poison in an attempt to kill, but the victim is saved through medical intervention.
Important Considerations
- Failure to kill: The key difference between murder and attempted murder is the outcome—if the intended victim survives, it is classified as attempted murder.
- Premeditation or planning: In many cases, the prosecution may also show that the defendant planned the act in advance, although this is not always necessary.