Intent to Murder by Another Specific Act
Intent to Murder by Another Specific Act is an offence under Section 29 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 attempted to administer a poison or other destructive substance or otherwise caused that substance to be taken by a person, you shot at, or attempted to discharge a loaded firearm at, a person, or you attempted to drown, suffocate or strangle a person, 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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