Attempted Murder

Attempted murder is one of the most serious offences under the Criminal Code of Canada. It involves actions taken with the intent to kill another person, even if the victim ultimately survives. Due to the severe consequences of a conviction, it is crucial to understand the legal definition, potential penalties, and available defences.

If you or someone you know is facing an attempted murder charge, securing experienced legal representation is essential. Contact a criminal defence lawyer at (306) 900-2371 for a free consultation to discuss your case and protect your rights.

Attempted Murder: Criminal Code Definition

Under Section 239(1) of the Criminal Code, every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years, and

(ii) in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Facing attempted murder charges? Your future is at stake. Call (306) 900-2371 immediately for a free consultation with an experienced defence lawyer.

Key Elements of Attempted Murder

To secure a conviction, the Crown must prove all of the following beyond a reasonable doubt:

• Identity of the accused as the perpetrator.
• Time, date, and location of the offence.
• The accused took steps to carry out the killing (e.g., shooting, stabbing, poisoning).
• The accused intended to kill (not just harm) the victim.

Potential Penalties and Consequences for Attempted Murder

Attempted murder is an indictable offence with a maximum penalty of life imprisonment. The minimum penalties depend on the circumstances:

Aggravating Factors That Increase Sentencing

• Use of a firearm (especially restricted/prohibited weapons).
• Premeditation or planning.
• Targeting a vulnerable victim (e.g., domestic violence, hate crimes).
• Gang-related or criminal organization involvement.
• Public endangerment (e.g., shooting in a crowded area).

Courts treat attempted murder as seriously as murder because the moral blameworthiness is the same—the only difference is whether the victim died.

Attempted murder allegations require urgent legal action. Protect your rights—contact our defence team 24/7 at (306) 900-2371.

Indictable Dispositions Available for Attempted Murder

• Jail
• Jail + Probation 
• Jail + Fine 

Potential Defences to Attempted Murder

A strong defence strategy depends on the case details, but common arguments include:

• Lack of Intent to Kill: The Crown must prove beyond a reasonable doubt that the accused intended to kill, not just harm. If the evidence shows reckless behaviour rather than a deliberate attempt to kill, the charge may be reduced to aggravated assault.
• No Act Beyond Preparation: An attempt requires more than just planning—there must be a direct step toward committing the murder. If the accused’s actions were only preparatory, they may not meet the legal threshold for attempted murder.
• Mistaken Identity or Alibi: If the accused can prove they were not present or were misidentified, the charges may be dismissed.
• Mental Disorder (NCRMD): If the accused was incapable of understanding their actions due to a mental disorder, they may be found Not Criminally Responsible (NCR).
• Self-Defence or Defence of Others: If the accused acted to protect themselves or someone else from imminent harm, this may justify their actions.

Attempted murder cases are highly complex, and the consequences of a conviction are severe. A skilled criminal defence lawyer can challenge the Crown’s evidence, negotiate for a lesser charge (e.g., aggravated assault), argue for reduced sentencing, and ensure your rights are protected at every stage.

Related Offences:

• Murder
• Manslaughter
• Aggravated Assault

Don’t Face Your Attempted Murder Charge Alone

An experienced criminal defence lawyer is essential when facing attempted murder charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your use of a firearm in commission of an offence case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with attempted murder. Call (306) 900-2371 and a skilled criminal defence lawyer will discuss your case with you and explore your options.