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Hope |
What is the legal dfiniton of attempted murder? (in AUSTRALIA)?
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becuase it may be different in different countries.
thanks :)
Additional Details
in victoria.
im not palnning to kill anyone, its for a school assignment.
thanks :)
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mmac63
 |
It's when you plan to carry it out actually, to kill the person i.e;- hire a hit man. To carry out the duty ! ( does get confused with premeditated )
Thou in offer of payment is the reason !
If you plan to do it go it alone, is the best advice i can give ya.
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Elliot
 |
From the Crimes Act 1958 (Vic):
321N. Conduct constituting attempt
(1) A person is not guilty of attempting to commit an offence unless the conduct of the person is-
(a) more than merely preparatory to the commission of the offence; and
(b) immediately and not remotely connected with the commission of the offence.
(2) For a person to be guilty of attempting to commit an offence, the person must-
(a) intend that the offence the subject of the attempt be committed; and
(b) intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time the offence is to take place.
(3) A person may be guilty of attempting to commit an offence despite the existence of facts of which he or she is unaware which make the commission of the offence attempted impossible.
Basically, attempted murder means that the defendant intended to commit the offence of murder, and that he or she committed some act evincing that intention. Both of those facts need to be established to prove attempted murder.
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H4
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Which state? It varies.
NSW: http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s27.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s28.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s29.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s30.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s344a.html
In Victoria they don't have a specific attempted murder crime, just this: http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s321m.html
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