The offence
Attempted murder requires an act that is more than merely preparatory, done with the specific intent to kill. Intent to cause grievous bodily harm is not enough — the prosecution must prove an intention to kill. The offence is triable only on indictment and carries up to life imprisonment.
Defences
- No intent to kill — an intent to cause harm short of death is not enough
- The act was not more than merely preparatory
- Self-defence and the use of reasonable force
- Disputed causation or the medical evidence
Sentencing
Attempted murder carries up to life imprisonment. Because intent to kill must be proved, a case may fall to be charged as a section 18 wounding offence where the intent was only to cause grievous bodily harm, which is an important strategic distinction.
Frequently asked questions
No. The prosecution must prove a specific intent to kill. An intent to cause grievous bodily harm may amount to a section 18 offence but not attempted murder.
Life imprisonment. It is triable only on indictment.
Attempted murder requires an intent to kill; section 18 wounding requires an intent to cause grievous bodily harm. The distinction affects both the charge and the sentence.