An attempted murder charge is one of the most severe and complex allegations an individual can face within the Canadian justice system. In Alberta, a conviction for attempted murder carries catastrophic consequences, potentially resulting in a sentence of life imprisonment.
However, securing a conviction for attempted murder is not straightforward for the prosecution. The law sets an incredibly high threshold for what constitutes an “attempt.” At White and Jeet Law, we believe that understanding the nuances of Section 239 of the Criminal Code and the strict requirements established by Canadian common law is essential for anyone facing these life-altering charges.
1. The Law and Penalties: Section 239 of the Criminal Code
Section 239 of the Criminal Code of Canada outlines the offence and the associated penalties for attempted murder. Under this section, everyone who attempts by any means to commit murder is guilty of an indictable offence.
The penalties are exceptionally severe:
The maximum penalty is life imprisonment.
If a restricted or prohibited firearm was used, or if the act was committed with any firearm and for the benefit of, at the direction of, or in association with a criminal organization, the law imposes the following strict mandatory minimum sentences:
For a first offence, 5 years; and
For a second or subsequent offence, 7 years.
2. The Physical Act: Beyond Mere Preparation (Actus Reus)
The Crown must prove beyond a reasonable double the physical act (actus reus). Under Section 24 of the Criminal Code, an attempt requires that the accused took a step beyond “mere preparation.”
Alberta common law examines the proximity of the accused’s actions to the completed offence. Buying a weapon is generally considered preparation. However, arriving at the victim’s location with a loaded weapon and taking aim generally crosses the legal threshold into an attempt. The act must be intimately connected to the intended crime, even if it was interrupted or failed.
3. Specific Intent to Kill (Mens Rea)
The most crucial aspect of an attempted murder charge—and often the primary focus of the defence—is the accused’s intent (mens rea).
For attempted murder, the Courts have established that the Crown must prove beyond a reasonable double that the accused had a specific intent to kill. It is not enough to prove that the accused intended to cause grievous bodily harm, or that they were reckless. The Crown Prosecutor must prove beyond a reasonable doubt that at the exact moment of the offence, the accused’s specific, subjective objective was to end the victim’s life.
If a person shoots someone in the leg to maim or intimidate them, they may be guilty of aggravated assault or discharging a firearm with intent, but they are not guilty of attempted murder because the specific intent to kill was absent.
4. Defending Against Attempted Murder
Because the burden of proof regarding the specific intent to kill is so demanding, there are several robust avenues for defence. At White and Jeet Law, we carefully scrutinize the Crown’s evidence to protect our clients’ rights. Common defences include:
Lack of Specific Intent: The strongest defence often involves demonstrating that the accused did not intend to kill. If the factual circumstances suggest the intent was only to injure or scare, the attempted murder charge cannot stand.
Self-Defence: Under Section 34 of the Criminal Code, if you reasonably believed that force or a threat of force was being used against you or someone else, and your actions were committed for the purpose of defending yourself or the other person in a manner that was reasonable in the circumstances, you may have a complete defence to the charge.
Factual Innocence and Identity: In cases relying on unreliable eyewitness testimony, the Crown may fail to prove beyond a reasonable doubt that you were the individual who committed the act.
Charter Violations: If law enforcement violated your Charter rights—such as conducting an illegal search and seizure, or failing to provide access to legal counsel—vital evidence or statements made to the police could be excluded from the trial.
5. Defending your Future with White and Jeet Law
An attempted murder charge is a crisis that requires immediate, highly skilled legal intervention. If you or a loved one is facing an attempted murder charge, do not make any statements to the police. Contact White and Jeet Law immediately. Our experienced defence team will aggressively defend your rights, challenge the Crown’s evidence, and fight relentlessly to protect your future.
