What is Attempted Murder?
The offence of Attempted Murder is not as serious as Murder, however, it is still viewed as one of the worst offences in the Criminal Code. As well as the action of the intention to kill, the charge also covers circumstances where someone inflicts grievous bodily harm to another where the initial intent was to commit murder.
Attempted Murder & The Law
Section 18 of the Crimes Act 1900 (NSW) sets out the offence of Attempted Murder.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The key element to the offence of Attempted Murder is the Intent and a predemeditation to harm the person.
This state of mind, or intention to cause serious harm to another, is often referred to in legal terms as ‘mens rea’. For the charge to be proven, mens rea needs to be shown to have existed at the time of committing the offence.
Going to Court – “What am I looking at?”
Attempted Murder carries a maximum penalty of up to 25 years imprisonment, with a standard non parole period of 10 years.
Lawyer Call here to help..
Understandably, facing a charge of Attempted Murder can be overwhelming and an expert legal defence team is required. A lengthy term of imprisonment would be expected for any type of conviction.
Contact our office immediately for a professional initial conference. Some of the key aspects to consider will be the very severe penalties of such an offence, and the rights of an accused during the entire Court process, particularly in relation to right to Silence, and general interaction with Police.
A close analysis of potential defences such as Mental Illness, Capacity, Battered Person Syndrome, Provocation, Self Defence and Duress is very important to establish a position and obtain a clear direction in such a matter.
At Lawyer Call we have the expertise and appropriate Barristers and Senior Legal Counsel available to assist you in your matter. We understand that the correct management of such a sensitive case through the long Court processes is crucial to putting up the right fight for you.