This offence is committed when a person does an act that is more than merely preparatory to the commission of an offence of murder, and at the time the person has the intention to kill.
It is an indictable only offence and must therefore be tried at the Crown Court. The offence carries a maximum penalty of imprisonment for life.
Unlike murder, which requires an intention to kill or cause grievous bodily harm, attempted murder requires evidence of an intention to kill alone.
It should be borne in mind that the actions of the defendant must be more than merely preparatory and although words and threats may provide evidence of an intention to kill, there may be doubt as to whether they were uttered seriously or were mere bravado.
Evidence of certain factors may be considered by the Crown Prosecution Service when considering whether there is an intention to kill:
- Planning
- Selection and use of any weapon
- Threats made
- Nature of the violence
- Duration of the violence
- Relevant account of events given during police interview
If you are facing an allegation of attempt murder, then it is essential that you take immediate legal advice from one of our expert Solicitors at SCM Law.
If you would like to discuss anything with us, please get in touch.