This offence is committed when a person does an act that is more than merely preparatory to the commission of an offence of murder, and at the time the person has the intention to kill.
It is an indictable only offence, which carries a maximum penalty of imprisonment for life.
Murder is the unlawfully taking of the life of another human being with malice aforethought. Malice is a mental state by which there is an express or implied intent to take the life of another person. If the is evidence that the express malice, then it is First Degree Murder. If implied malice, it is Second Degree Murder.
Unlike murder, which requires an intention to kill or cause grievous bodily harm, attempted murder requires evidence of an intention to kill alone.
In a case of this nature, the prosecution will need to prove that the offence happened. They will want to demonstrate that the accused intended to and acted on that intention to murder another. Which your attempted murder lawyer in Hamilton will help you with all the details of crime scene.
Evidence will be noted as:
Calculated planning
Selection and use of a deadly weapon
Threats
Severity or duration of attack
Relevant admissions in interview
Murder is the unlawfully taking of the life of another human being with malice aforethought. Malice is a mental state by which there is an express or implied intent to take the life of another person. If the is evidence that the express malice, then it is First Degree Murder. If implied malice, it is Second Degree Murder. A well qualified attempted murder lawyer in Hamilton can help you with the exact degree of the offence.
Attempt to commit murder in (Hamilton) Canada law says :
239 (1) 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.