|
Criminal - Attempted Murder. R. v. Collins
In R. v. Collins (Ont CA, 2023) the Court of Appeal considered an appeal from murder and an attempted murder convictions. In these quotes the court considers the mens rea for attempted murder:[54] It has long been settled law in Canada that the mens rea for attempted murder is a specific intention to kill: see The Queen v. Ancio, 1984 CanLII 69 (SCC), [1984] 1 S.C.R. 225, at pp. 250-251; and R. v. Cunningham, 2023 ONCA 36, at para. 36. This corresponds with the direct intent for murder in s. 229(b) – “meaning to cause death to a human being”. However, the secondary or oblique intent in s. 229(a)(ii),(b) – “meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not” – is not an available pathway to a conviction for attempted murder: see R. v. Boone, 2019 ONCA 652, 56 C.R. (7th) 432, at para. 51; R. v. Tyrell, 2021 ONCA 15, at para. 14; and R. v. Weng, 2022 BCCA 332, 418 C.C.C. (3d) 338, at para. 82. In short, nothing but a specific intent to kill will suffice.
|
