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Attempt To Murder

Attempted murder is a serious criminal offence and if found guilty, you are facing imprisonment for life. Attempt to murder occurs when an individual attempts to unlawfully kill another person. This charge can also arise when an individual does something or omits to doing something that it is their duty to do, with the intention of killing another.

Below we outline the offence of Attempt To Murder as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.

For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.

What is Attempt To Murder according to the law:

Sections 306 of the Criminal Code Queensland states:

Any person who-

  • (a) attempts unlawfully to kill another; or
  • (b) with intent unlawfully to kill another does any act, or omits to do any act which it is the person’s duty to do, such act or omission being of such a nature as to be likely to endanger human life

is guilty of a crime.

What the police must prove

In order for the Police to prove an attempted murder case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused;

  1.  Had an intention to kill at the requisite time
  2.  Put the intention to kill into execution by means adapted to its fulfilment
  3.  Manifested the intention to kill by some overt act.

The concept of attempted murder is that someone unlawfully attacks or does something else to another person, intending to kill them and using means capable of doing so, but fails.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty for Attempted Murder

If found guilty for the offence of Attempt to Murder, you could be sentenced to life imprisonment.

Which court will hear the matter?

This matter is indictable which means it is dealt with in the Supreme Court.

Possible defences

Possible defences to an Attempt to Murder offence include but are not limited to:

  1. The accused did not intend to kill at the time of or during the relevant act or acts inflicted on the victim
  2. The accused did not carry out his intention to kill in a way suitable to bring about what he intended to achieve.
  3. There was no manifestation of the intent to kill by some overt act. i.e. There was some act that, if an observer had been standing by, the observer could have seen.
  4. Insanity

Get advice

If you’re facing a charge for attempt to murder, murder or manslaughter, don’t delay in contacting us for advice and representation from our team of experienced criminal lawyers in Brisbane or the Gold Coast.

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