Canadian Criminal Law/Offences/Attempted Murder

Proof of the Offence
In addition to the essential elements of time, location, and identity, the prosecution should prove:
 * 1) the manner in which the attempt occurred
 * 2) injuries, if any, to the victim
 * 3) there was no consent
 * 4) there was no provocation
 * 5) there was an intent to kill

Interpretation
The mens rea required for attempted murder is that there must be a specific "intent to kill", not simply an intention to harm with consequences that could have led to death. Nor is it enough that he knows his actions are likely to cause death or was reckless to the possible consequences. There must be subjective foresight of the consequences of the accused's conduct.

Life threatening wounds alone is not sufficient evidence of an intent to kill. There must be evidence from which the trier of fact may infer that the accused intended something more than the actual or natural consequence of his wounding act. However, some wounds provide evidence of intent to kill. For example, a shot is to the head may be evidence of intent to kill. It is a question of degree having regard to all of the circumstances.

The crown must prove a specific intent to kill at the time of the actions. Anything less would amount to a violation of section 7 of the Charter.

The intent to kill is often established by way of utterances of the accused of their desire to cause death.

When deliberating on consent, a jury can be instructed to rely on the common sense inference that "a person usually knows what the predictable consequences of his or her actions are, and means to bring them about".