What are the elements of a charge of attempted murder?

Alberta, Canada


The following excerpt is from R. v. Campeau, 1983 ABCA 11 (CanLII):

At the outset of his judgment the learned trial judge referred to the two categories of intent described in Section 212 of the Criminal Code and correctly held that either is one of the ingredients in a charge of attempted murder. [See Lajoie v. The Queen [1973] 10. C.C.C. (2d) 313 (S.C.C.)]. He said at page 209: "For attempted murder, two things are necessary, firstly a specific intent to commit murder and secondly, an act done for the purpose of carrying out that intention. As to the first requirement, that is the intent, there must be firstly, an intent to cause death or, secondly, an intent to cause bodily harm that the Accused knows is likely to cause death and the Accused is reckless whether death ensues or not." He then said at p. 210: "I will review the evidence applicable to the presence or absence of intent to kill the Complainant and the question of the Accused having done an act for the purpose of carrying out the intent."

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