QUICK TAKEAWAY
Attempted Murder: Like murder, attempted murder is a serious offence and comes with harsh penalties if convicted. The charge is covered under s.239 (1) of Canada's Criminal Code and states "every person who attempts by any means to commit murder is guilty of an indictable offence" and could face imprisonment for life. Intent to kill is needed for a conviction. According to the Code, the charge covers instances where someone was or could have been physically injured, but not actually killed.
Table of Contents:
What is Attempted Murder?
Attempted murder covers instances when someone actively tries to carry out a plan to commit a murder. It doesn't matter if the person escaped injury in the attack; your intention to take their life is enough for this charge to be laid under s.239 (1) of the Criminal Code. You do not have to harm someone to be convicted of attempted murder. If you fire a gun at someone with the intention of killing them and miss you can still be charged.
What is Needed to Convict
To win a conviction for attempted murder the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove you had the specific intent to kill. The prosecution cannot simply demonstrate that you committed bodily harm that was likely to cause death or was reckless, according to the Code. Because specific intent is required it can be a difficult charge to prove.
For example, in the Supreme Court of Canada case R. v. Ancio, a man broke into the apartment of his estranged wife with a loaded shotgun. He was confronted by the man his wife was living with and during a struggle the gun discharged. The shot missed and the man was charged and convicted of attempted murder. However, the conviction was eventually overturned after the Supreme Court ruled there was no specific intent to kill.
Your lawyer could argue self-defenceUsing a reasonable amount of force to protect yourself in your case. You can also argue that provocation caused you to be in a mental state that left you unaware or unable to form the specific intent to kill, as laid out in the Criminal Code. Your lawyer may also be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.
Treated as an Indictable Offence
If you have been charged with attempted murder, the Crown will proceed as an indictable offenceIndictable offences are more-serious criminal offences and you can be imprisoned if convicted.
Penalty for Attempted Murder
The potential penalty for attempted murder is the same as murder. If you are convicted you could face a maximum sentence of life in prison. According to the Code, using a firearm or having a prior conviction for attempted murder are aggravating factors and result in mandatory minimum jail terms.
Mandatory minimum sentences for attempted murder:
- Five years for the first offence with a restricted firearm;
- Seven years for a second offence
- A five-year minimum if you are involved with a criminal organization while using a firearm
- Four years minimum for an offence using any other type of firearm.
A conviction will stay on your criminal record for life which could have a significant impact on your future.
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Phillips Aiello Barrisers & Solicitors
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Self-defence
A person is not guilty of an offence if they reasonably believe on reasonable grounds that force was being used against them or another person. or that a threat of force was made. They can act in self defence to protect themselves or the other person, as long as their actions are reasonable in the circumstances.
