Understanding Attempted Murder: Legalities, Defences & Consequences

Attempted murder is one of the most serious criminal offences in English law, triable only in the Crown Court, carrying a maximum sentence of life imprisonment. With specialist defence representation, it is possible to secure an acquittal, have charges dropped or reduced, or achieve a significantly better outcome through effective mitigation. At Old Bailey Solicitors, our experienced solicitors have a proven record in cases of this gravity and will ensure your case receives the thorough preparation needed for a successful conclusion If you are under investigation or charged with attempted murder, contact Old Bailey Solicitors immediately on 020 7846 4999.

What is Attempted Murder?

Attempted murder is said to have occurred when a person does an act which is ‘more than merely preparatory’ to the commission of the offence of murder and where that person has the intent to kill the complainant.  In other words, attempted murder refers to a situation where an individual does an act, intending to kill the complainant, but either fails to do so or where the act is aborted part way.

Unlike murder, which can require either an intention to kill or an intention to cause grievous bodily harm, attempted murder is only committed if there is an intention to kill. Therefore, for an individual to be convicted of attempted murder, it must be proven that they intended to kill the complainant and not just severely injure them.  In this way, attempted murder is actually more difficult to prove than murder.

‘More than Merely Preparatory’

More than merely preparatory’ describes the physical act required for the offence. The defendant must have gone beyond mere preparation and taken a step from which there is no turning back toward committing the murder.

Examples of ‘more then merely preparatory acts’ in relation to the offence of attempted murder could include:

• Calculated planning
• Selection and use of a weapon
• Carrying out a severe attack

It is not necessary for severe injuries to have been caused, or for any physical contact or assault to have taken place at all, as long as it can be proven that the individual had the intention to kill the complainant.

Defences

As well as making simple factual denials, there are a number of defences to the offence of attempted murder.

Due to the emphasis on the mental intention aspect of the offence, one specific defence to attempted murder is insanity. Insanity acts as a full defence in relation to this offence.

In order for the defence of insanity to apply to a case, it must be proven that, at the time of committing the offence, the individual was labouring under ‘such a defect of reason’, from a ‘disease of the mind’ that:

• They did not know the nature or the quality of the act being done; and
• That they did not know what was being done was wrong

The supposed ‘disease of the mind’ can be permanent, temporary, organic or functional.

The onus is on the defence to prove that on the balance of probabilities that the defendant was labouring under the defect at the time of the commission of the offence. It is then up to a jury to determine whether or not the defence has been able to prove this successfully.

Where a not guilty verdict is returned by reason of insanity, the Court will consider disposal options including a hospital order or supervision order.If you are facing an attempted murder charge, do not wait. Our specialist criminal defence team is available now. Call us on 020 7846 4999 or email [email protected] for immediate advice.

Sentencing

Attempted murder is one of the most serious offences and carries significant custodial sentences as a result.

Sentences for attempted murder can range from a 3-year custodial sentence to life imprisonment. The likely sentence an individual would receive for conviction of attempted murder varies on the culpability of the accused individual and the harm caused to the complainant. For example, the court is likely to consider the extent of planning carried out by the individual in relation to the attempt. A Judge is also likely to consider the amount of harm caused to the complainant, either physical or psychological or both.

Mitigation

Strong mitigation can significantly reduce the sentence imposed and, in some cases, result in a lesser charge being brought. Relevant mitigating factors include:

• Remorse shown for the defendant’s actions
• Proof that the act was carried out following significant provocation from the complainant
• History of abuse from the complainant to the defendant
• Mental disorders falling short of insanity
• Age or lack of maturity

Sentencing outcomes in attempted murder cases vary widely. The earlier you have expert legal representation in place, the greater the opportunity to present compelling mitigation and achieve the best possible result. Contact Old Bailey Solicitors today on 020 7846 4999.

How can Old Bailey Solicitors Help?

Facing an attempted murder charge is one of the most serious situations a person can encounter. Early instruction of a specialist solicitor is critical. Our team works to achieve the best possible outcome at every stage, whether that means charges being dropped, a reduction to a lesser offence, an acquittal at trial, or a significantly reduced sentence.

Our solicitors handle attempted murder cases from first interview at the police station through to Crown Court trial. We have secured acquittals and had charges dropped in cases of this gravity. We instruct the right medical, forensic and expert witnesses to ensure your defence is as strong as possible.

We understand how daunting these proceedings are. Our team is with you at every stage, working to achieve the best outcome possible. Contact us today on 020 7846 4999 or at [email protected].