Attempted murder offences in Queensland

Attempted murder is a serious criminal offence, which is generally punishable by actual imprisonment. For an attempted murder case, the prosecution sets out to prove that the person charged unlawfully attacked or did something to another person with the intention of killing them, using means capable of doing so, but without death resulting.

If you are seeking to learn more about attempted murder charges in Queensland, the following topics are covered below:

• Attempted murder offences
• Definitions relevant to attempted murder
• Maximum and minimum penalties
• Possible alternative charges
• Possible defences to attempted murder

Attempted murder offences

Section 306 of the Criminal Code makes attempted murde (attempt to murder) an offence in Queensland. The law states:

Attempt to murder

(1) Any person who—

(a) attempts unlawfully to kill another; or

(b) with intent unlawfully to kill another does any act, or omits to do any act which it is the person’s duty to do, such act or omission being of such a nature as to be likely to endanger human life;

(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

Section 161Q of the Penalties and Sentences Act 1992 refers to the ‘serious organised crime circumstance of aggravation’, which mandates a significant mandatory minimum imprisonment in addition to any other penalty. It targets people who commit an offence of attempted murder in association with being a participant of a criminal organisation.

The Supreme and District Courts Benchbook contains the standard directions about the elements of an attempted murder charge, which must be proved beyond a reasonable doubt.

Definitions relevant to attempted murder

Attempt

Section 4 of the Criminal Code contains a definition of the word ‘attempt’:

When a person, intending to commit an offence, begins to put the person’s intention into execution by means adapted to its fulfilment, and manifests the person’s intention by some overt act, but does not fulfil the person’s intention to such an extent as to commit the offence, the person is said to attempt to commit the offence.

Maximum and minimum penalties

The maximum penalty for attempted murder in Queensland is life imprisonment.

Many offences under Queensland law do not carry mandatory minimum sentences. Attempted murder does when a person commits the offence and the serious organised crime circumstance of aggravation applies: 7 years’ imprisonment is automatically added on top of the sentence the court decides. The 7 years’ imprisonment must be served wholly in prison, in addition to any other penalty ordered by the court.

Possible alternative charges

There are possible alternative violent offences to the offence of attempted murder. The prosecution may determine that a less serious charge is appropriate, based on the evidence. Such related offences include:

• Assault occasioning bodily harm
• Common assault
• Grievous bodily harm
• Malicious act with intent
• Serious assault
• Unlawful wounding

Possible defences to attempted murder

The law requires the prosecution to prove that the attempt to murder was unlawful. That means if the prosecution cannot disprove the act or omission was authorised, justified or excused by law, the person charged must be found not guilty. In Queensland, possible defences include:

• Accident
• Defence of another
• Extraordinary emergency
• Insanity
• Mistake of fact
• Self defence
• Unwilled act

In Queensland, the same defences do not apply to every offence. Section 306 of the Criminal Code, which is the law that makes attempted murder an offence, does not require proof that an ‘assault’ occurred. For that reason, ‘provocation’ is not available as a defence for attempted murder: McGhee v R [1995] HCA 69.

Amongst the most important advice a lawyer can provide is whether or not a defence applies to an individual case. In some cases, multiple defences may apply. In others, no defence is viable. Certain defences cannot operate together. For this reason, anybody facing a charge of attempted murder should seek early, authoritative advice from an experienced criminal lawyer to understand their legal position.

About Andrew Anderson

Anderson Legal provides comprehensive criminal law defence services for people facing investigation or charges relating to serious criminal offences in Queensland. In assisting clients, this firm:

• provides advice and representation
• defends against unfair allegations
• resolves, where appropriate, charges by negotiation
• applies to courts for orders, including to exclude evidence
• represents clients in complex trials and sentences
• litigates appeals for wrongful convictions and sentences

Anderson Legal provides clear guidance in all cases. It allows clients to make informed decisions about their options and their preferred path forward.

Criminal defence work requires more than just an understanding of criminal law and procedure. It requires the insight to know that without the ability to properly contest allegations, innocent people are condemned to unjust convictions and punishments. History provides countless examples of innocent people wrongly accused of committing serious offences and prisoners condemned to punishments that do not fit the crime.

Anderson Legal is a Brisbane-based law firm that has the expertise and proven experience to provide criminal defence services for individuals and businesses. If you need a trusted and respected criminal lawyer, there are many reasons why Anderson Legal should be your preferred choice.

Call this firm for a confidential, obligation-free telephone consultation

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Clients of this law firm have often contacted Anderson Legal following a referral from other lawyers, however all enquiries are welcome. Anderson Legal understands people put their faith and trust in the work of their lawyer. Professional reputation follows reality and not the other way around. Andrew Anderson offers clients a proven track record of success in complex and difficult cases across all court levels, including multiple appeals before the High Court of Australia.

While Andrew Anderson has substantial experience litigating criminal cases across Queensland, he has a particular focus on cases arising in Brisbane, Beenleigh, the Gold Coast, Ipswich, Maroochydore, and Toowoomba. He welcomes enquiries from other centres in Queensland.

It is not uncommon for this firm to receive requests for assistance that may be better handled by others. In the interests of maintaining the highest standards, there are also occasions when new cases are declined to focus on existing clients’ needs. In such instances, Anderson Legal will try to identify who may be in a position to assist you.

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