Attempted Murder – General Offence
Attempted Murder – General Offence is a crime under Section 30 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You engaged in an act other than one that is encompassed by section 27, 28 or 29 of the Crimes Act, and
- You intended by doing so to commit murder
The offence carries a ‘standard non parole period’ of 10 years in prison which is a guidepost or reference point for the sentencing judge when determining the minimum term you must spend in prison before being eligible to apply for release on parole.
Defences to the charge include:
- Self defence
- Duress, and
- Necessity
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