What is the test for an offence of attempted murder?
Ontario, Canada
The following excerpt is from R. v. Whittaker, 2007 ONCJ 14 (CanLII):
[48] Compared to the murder provisions, the offence of attempted murder is more complicated. There is no statutory provision such as that found in the murder sections that makes the identity of the victim immaterial. Secondly, the actus reus of attempted murder is not as concrete as the killing of a human being. Rather it is the comparatively amorphous concept of acts which are more than mere preparation. See R v. Deutsch, 1986 CanLII 21 (SCC), [1986] 2 S.C.R. 2. For the offence of attempt, it is the mens rea that is of primary importance.
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