What is required to establish the mens rea for attempted murder?
Ontario, Canada
The following excerpt is from R. v. Humphrey, 2007 CanLII 59379 (ON SC):
Regina v. Ancio[13] deals with what is required to establish the mens rea for attempted murder. The mens rea for attempted murder is the specific intent to kill. A mental state falling short of that level may lead to convictions for other offences such as aggravated assault. It is not enough, however, for attempted murder that the accused person intends to cause bodily harm that he knows is likely to cause death and is reckless whether death ensues or not.
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