Attempted Murder

Attempted murder is a serious indictable offence in Ontario defined under section 239 of the Criminal Code of Canada. It applies when a person takes any intentional step toward killing another person but the victim does not die. 

What distinguishes attempted murder from other violent offences is the specific intent to cause death. It is not enough that the accused intended to cause harm, even serious harm—the Crown must prove they intended the victim to die, and that they performed actions that were more than merely preparatory.

1. Specific intent to kill
   The accused must have the subjective intention to cause death. Intent to cause bodily harm alone is not enough.
    
2. An overt act toward committing the murder
   The person must do something concrete that moves beyond planning. Examples include firing a weapon at someone, stabbing them, or attempting to strangle them—even if the act fails or the victim survives due to intervention.
    
3. Failure to cause death
   If the victim dies, the charge becomes murder or manslaughter.
    

Attempted murder carries some of the harshest penalties in Canadian criminal law:

• Maximum sentence: life imprisonment
   
• Minimum sentence (if a firearm is used):
   
  • 4 years for most firearm-based attempted murder
     
  • 5 years for offences linked to criminal organizations
     
  • 7 years if the firearm was discharged with intent to kill
     

Probation is not available upon release from a life sentence.

Sentences may be higher if the offence involved:

• A firearm
   
• Planning and deliberation
   
• Domestic violence
   
• A child victim
   
• A position of trust or authority
   

Possible defences include lack of intent to kill, mistaken identity, mental disorder, or intoxication (though intoxication rarely negates intent).

Adana has experience defending individuals charges with Attempted Murder. Things are not always as they seem, and Adana has a history of getting to the truth of what happened and ensuring her clients rights are ensured.