Attempted murder

Carawaystick

Where's attempted murder defined in the statute book? eISB is hard to search on a smartphone. Is it the criminal justice act?

Does a person have to attempt to murder a living person?
Ie can you attempt to murder a corpse?

DublinArnie

Carawaystick wrote: »

Where's attempted murder defined in the statute book? eISB is hard to search on a smartphone. Is it the criminal justice act?

Does a person have to attempt to murder a living person?
Ie can you attempt to murder a corpse?

Murder - To kill a living thing.

How can you kill something that's already dead or attempt to kill it? :?

NinjaTruncs

But what if you don't realise the person you are attempting to kill is already dead?

NoQuarter

Carawaystick wrote: »

Where's attempted murder defined in the statute book? eISB is hard to search on a smartphone. Is it the criminal justice act?

Does a person have to attempt to murder a living person?
Ie can you attempt to murder a corpse?

Attempts are an incohate offence and are generally not in the statute books.

Mikros

It is an offence at common law to attempt to murder someone. It's not defined in statute.

It is more difficult to prove attempted murder than actual murder, because for attempted murder the intent must be to kill whereas for murder an intent to cause serious injury is sufficient.

Corpses tend to be dead already...:rolleyes:

NoQuarter

NinjaTruncs wrote: »

But what if you don't realise the person you are attempting to kill is already dead?

Then you'll have the Mens Rea but not the Actus Reus.

sopretty

Are you referring to the current case in the media where the son ALLEGEDLY attempted to smother his mother to relieve her of her pain, but it could not be proven that she was still alive at the time?
Has a decision been made on that case yet?

NinjaTruncs

3 year suspended sentance

john.han

I'm not sure if the OP is asking the question because of this case

http://www.irishtimes.com/news/crime-and-law/courts/man-receives-suspended-sentence-for-attempted-murder-1.1703126

but if they couldn't be sure she was not already dead when the attempt was made I'm unsure as to why the judge was satisfied to accept the guilty plea for attempted murder. Perhaps impossibility is not sufficient to prevent the actus reus being satisfied.

vcshqkf9rpzgoe

Why would you kill a dead person?

johnnyskeleton

john.han wrote: »

but if they couldn't be sure she was not already dead when the attempt was made I'm unsure as to why the judge was satisfied to accept the guilty plea for attempted murder. Perhaps impossibility is not sufficient to prevent the actus reus being satisfied.

Inchoate offences are not dependent on the subject offence being completed. If they were, I could conspire to commit an offence, but see the police there and say "I decided not to do it just before hand". A law like that would mean police who constantly do a brilliant job of preempting criminals movements before they happen would have to preempt every attempt without being able to prosecute the people who they manage to stop in the act.

So if I shot a body intending to kill it, I am not guilty of murder because I didn't actually cause that persons death. But the law recognises that because I carried out a deed intending to cause a death, I am guilty of another offence - attempted murder.

I am clearly not in the same boat as someone who actually murders someone, but it is hard to argue that it is fair and proportionate and necessary in a civil society that because I did such a thing with criminal intent that I not be deemed guilty of a criminal offence.