An attempt to murder is a serious criminal offence in Singapore, even where the intended victim survives or escapes without injury.
Under section 307 of the Penal Code 1871, a person may be guilty of attempted murder where they carry out an act with the intention of causing death, in circumstances where they would have been guilty of murder had death actually resulted.
This means that a person does not have to succeed in killing another person to face a potentially severe criminal charge.
If you are being investigated or have been charged with attempted murder, obtaining legal advice early can be important. Gloria James-Civetta, former prosecutor Kevin Liew, and Noelle Teoh of our criminal defence team advise and represent individuals facing serious criminal investigations and charges in Singapore.
Contact our criminal defence lawyers for an initial consultation to understand the charge, the investigation process and the legal options available to you.
What Is Attempted Murder in Singapore?
Attempted murder is governed by section 307 of the Penal Code 1871.
In straightforward terms, the prosecution must establish that the accused:
- carried out an act;
- did so with the intention of causing death; and
- in circumstances where, if death had resulted from that act, the accused would have been guilty of murder.
The issue is therefore not simply whether somebody was injured.
The court will consider the accused person’s intention and what the person actually did in furtherance of that intention.
Does Someone Have to Be Injured for It to Be Attempted Murder?
No.
A person can potentially commit attempted murder even though the intended victim is not injured at all.
For example, a person may deliberately shoot at someone intending to kill them but misses. The fact that the victim was not shot does not necessarily negate an attempted murder charge.
However, whether hurt was actually caused is relevant when it comes to the potential punishment under section 307.
What Must the Prosecution Prove for Attempted Murder?
A charge of attempted murder requires more than evidence that an accused person behaved violently or dangerously.
There must be an intention to cause death
Section 307 requires an intention to cause death.
This is an important distinction because serious violence does not automatically amount to attempted murder.
Depending on the facts, conduct resulting in serious injury may instead give rise to another offence if the necessary intention for attempted murder cannot be established.
The accused must have gone beyond mere preparation
There is also an important difference between preparing to commit an offence and actually attempting it.
A person may think about an offence, obtain something that could be used to commit it or make preparations without necessarily having reached the point at which an attempted murder offence has been committed.
The circumstances and the actions actually taken will therefore be important.
The circumstances must be such that death would have amounted to murder
The prosecution must also establish that if the accused’s act had resulted in the victim’s death, the circumstances would have made the accused guilty of murder.
This connects section 307 with the legal requirements for murder, but the offence remains distinct: attempted murder applies where the intended death is not achieved.
For a fuller explanation of the law where a person actually dies, see our separate guide to Murder in Singapore.
Examples of Attempted Murder Under Section 307
The Penal Code itself provides useful examples showing the difference between preparation and an attempt.
Example 1: Shooting at someone intending to kill them
A shoots at Z intending to kill Z.
If the circumstances are such that A would have been guilty of murder had Z died, A may be guilty of attempted murder even though Z survives.
Example 2: Throwing a child into a river
A throws a young child into a river intending to cause the child’s death.
Even if the child is rescued and survives, A may have committed attempted murder because the act was carried out with the intention of causing death.
Example 3: Buying a gun compared with firing it
A intends to murder Z and buys and loads a gun.
At that stage, A has not necessarily committed attempted murder merely by purchasing and loading the weapon.
However, if A then fires the gun at Z intending to kill Z, the position changes. The act has moved beyond preparation towards attempting the intended killing.
If Z is wounded, the more serious punishment provisions may also apply.
Example 4: Attempting to poison someone
A intends to murder Z and buys poison. A then mixes the poison into food but keeps the food in A‘s possession.
That preparation alone does not amount to the offence described in section 307.
If A then places the poisoned food on Z‘s table, or arranges for it to be placed there for Z to consume, A may have committed attempted murder even if Z ultimately does not eat the food or does not die.
These examples demonstrate why the concepts behind intention, preparation and an actual attempt are critical in an attempted murder case.
What Is the Punishment for Attempted Murder in Singapore?
The potential sentence can differ depending on whether hurt was caused.
Where no hurt is caused
Under section 307(1), a person convicted of attempted murder may be sentenced to:
- imprisonment for up to 15 years; and
- a fine.
Where hurt is caused
If hurt is caused to any person by the act, the punishment can be substantially more severe.
The offender may be sentenced to:
- imprisonment for life, and shall also be liable to caning; or
- imprisonment for up to 20 years, and shall also be liable to a fine, caning, or both.
The consequences are therefore serious even though the alleged victim did not die.
Attempted Murder vs Attempt to Commit Culpable Homicide
These offences should not be confused.
Section 307 concerns an act done with the intention of causing death in circumstances where, if death occurred, the accused would be guilty of murder.
Section 308, on the other hand, concerns an act done with the intention of causing death where, had death resulted, the offence would have been culpable homicide not amounting to murder.
The distinction can have major consequences for both the charge and potential sentence.
For more information, see our separate guide to Attempt to Commit Culpable Homicide under section 308.
Can an Attempted Murder Charge Be Defended?
Whether a charge can be defended depends on the evidence and circumstances.
In an attempted murder case, issues which may require careful examination include:
- whether the accused actually intended to cause death;
- what the accused did before, during and after the incident;
- whether the conduct had progressed beyond preparation;
- CCTV footage, messages, phone records and other contemporaneous evidence;
- medical and forensic evidence;
- witness accounts;
- the circumstances leading to the incident; and
- whether the evidence supports the particular offence alleged by the prosecution.
A significant issue may therefore be whether the evidence truly establishes the intention required under section 307, rather than merely establishing an intention to frighten, threaten or cause injury.
The appropriate defence strategy will depend on the evidence available in the individual case.
What Should I Do If I Am Investigated for Attempted Murder?
An investigation for attempted murder should be taken seriously from the outset.
Statements given during a police investigation, together with electronic communications, CCTV footage, medical evidence, forensic evidence and witness accounts, may later become important evidence.
You should understand the allegation being investigated and obtain legal advice about your position as early as possible.
If you have already been charged, a criminal defence lawyer can review the charge and available evidence, advise you on the prosecution’s case and explain the options available to you.
How Our Criminal Defence Lawyers Can Assist
Attempted murder cases can involve complex questions concerning intention, the accused’s actions, forensic evidence and the distinction between preparation and an actual attempt.
At Gloria James-Civetta & Co, our criminal defence team includes Gloria James-Civetta, Kevin Liew and Noelle Teoh.
Kevin Liew is a former Public Prosecutor, providing additional insight into how criminal cases may be investigated, assessed and prosecuted.
Our lawyers can assist at different stages of a case, including during police investigations, after charges have been filed, in making representations to the prosecution where appropriate, and in defending or mitigating criminal proceedings.
If you or a family member is being investigated or has been charged with attempted murder under section 307, contact our criminal defence team to arrange an initial consultation and understand your next steps.
Frequently Asked Questions About Attempted Murder in Singapore
Attempted murder is specifically dealt with under section 307 of the Penal Code 1871.
The provision applies where a person carries out an act with the intention of causing death in circumstances where, if death had resulted, the person would have been guilty of murder.
Yes.
An injury is not required for an attempted murder charge. What is important is whether the necessary intention existed and whether the accused carried out an act amounting to an attempt.
However, causing hurt can substantially increase the potential punishment.
Not necessarily.
There is a legal distinction between preparation and taking action towards committing the offence. The examples in section 307 demonstrate this distinction: buying and loading a gun with an intention to kill does not by itself constitute the offence, whereas firing the gun at the intended victim does.
Where no hurt is caused, imprisonment may extend to 15 years, together with a fine.
Where hurt is caused, the offender may face life imprisonment, with liability to caning, or imprisonment for up to 20 years, with liability to a fine, caning or both.
Attempted murder falls under section 307, while attempting to commit culpable homicide not amounting to murder falls under section 308.
The distinction depends on what offence would have been committed had the victim actually died. The factual and legal distinction is important because the available punishments differ substantially.
You do not have to wait until you have been formally charged before obtaining legal advice.
Because statements and evidence gathered during an investigation can affect what happens later, obtaining advice early can help you understand the allegation, the investigation process and your legal position.
Speak to a Criminal Lawyer About an Attempted Murder Charge
An attempted murder allegation carries potentially severe consequences, including lengthy imprisonment and, in some circumstances, life imprisonment and caning.
The precise distinction between an intention to cause injury and an intention to cause death can be critical.
If you are under investigation or have been charged under section 307 of the Penal Code, speak with Gloria James-Civetta, former prosecutor Kevin Liew, Noelle Teoh or another member of our criminal defence team about the circumstances of your case.
Early legal advice can help you understand the charge, the evidence and the options available before deciding on your next steps.
