Criminal Code of Canada - section 239(1) - Attempt to commit murder

section 239(1)

INTRODUCTION AND BRIEF DESCRIPTION

Anyone attempting to commit murder is guilty of an indictable offence and liable to imprisonment for life, with specific minimum punishments depending on the use of firearms or involvement with a criminal organization.

SECTION WORDING

239 (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life.

EXPLANATION

Section 239(1) of the Criminal Code of Canada deals with the attempt to commit murder. The section states that any person who tries to commit murder, regardless of the means used to do so, is guilty of an indictable offence. It is important to note that in Canada, an indictable offence is a serious criminal offence that is heard in a higher court. The section provides for different levels of punishment depending on the circumstances of the offence. If a restricted or prohibited firearm is used in the attempt to commit murder, or if any firearm is used in the commission of the offence for the benefit of, at the direction of, or in association with, a criminal organization, the offender is liable to imprisonment for life and to a minimum sentence of five years for a first offence and seven years for a second or subsequent offence. In any other case where a firearm is used in the attempt to commit murder, the offender is liable to imprisonment for life and to a minimum sentence of four years. In cases where no firearm is used, the offender is still liable to imprisonment for life. Essentially, this section recognizes that even an attempt to commit a serious crime such as murder warrants a significant punishment. By including different punishments for different circumstances, the section takes into account the increased danger and threat posed by the use of a firearm or the involvement of a criminal organization. Overall, this section serves as a deterrent to those who may be considering committing such heinous crimes and serves to protect the public from such dangerous individuals.

COMMENTARY

Section 239(1) of the Criminal Code of Canada outlines the punishment for attempting to commit murder. It states that anyone who attempts to commit murder, regardless of the means used, will be charged with an indictable offense and will be liable for imprisonment for life. Additionally, the section breaks down the punishment based on the type of firearm used in the commission of the offense. If a restricted firearm or prohibited firearm is used, or any firearm is used in association with a criminal organization, the offender will face a minimum punishment of imprisonment for a term of five years for a first offense and seven years for any subsequent offenses. In any other case where a firearm is used, the offender will face a minimum punishment of four years imprisonment. If no firearm is used, the offender will still face imprisonment for life. This section of the Criminal Code of Canada is meant to act as a deterrent to those who may be considering committing murder. By outlining such severe penalties for attempting to commit murder, the section hopes to dissuade individuals from engaging in this type of behavior. Similarly, the breakdown of punishment based on the type of firearm used is a way for the law to target individuals who may be using certain firearms more frequently in the commission of crimes. The section also recognizes the danger posed by criminal organizations and the role they may play in facilitating or directing these types of crimes. The increased punishment for offenses committed in association with a criminal organization is a way to combat the influence and power of these groups. By targeting both the individuals committing the crimes and the organizations that may be supporting them, the section hopes to decrease the frequency of attempted murder. It is worth noting that the section does not distinguish between attempted murder and murder. Attempted murder is defined as a situation where an individual has intentionally taken steps towards ending another person's life but has not succeeded. This means that even if an individual does not ultimately commit murder, they will still be held responsible for the attempt and face severe punishment. This is important in recognizing the seriousness of the attempt and the potential danger the individual posed to society. Overall, section 239(1) of the Criminal Code of Canada is an important tool in combating violent crime. By outlining severe punishment for attempted murder and targeting individuals using certain firearms or in association with criminal organizations, the section hopes to act as a deterrent and decrease the occurrence of these types of offenses.

STRATEGY

The Criminal Code of Canada is a set of laws that govern the criminal justice system in Canada. One such section of the Criminal Code is section 239(1), which deals with the attempt to commit murder. This section outlines the punishment for individuals who attempt to murder someone, and the level of punishment is dependent on certain factors, such as the use of a firearm, the involvement of a criminal organization, and the number of previous offences committed by the individual. In this paper, we will discuss some strategic considerations when dealing with section 239(1) of the Criminal Code of Canada, as well as some strategies that could be employed by the authorities. Strategic Considerations One of the most important strategic considerations when dealing with section 239(1) of the Criminal Code of Canada is the need for evidence. Since the punishment for an attempted murder conviction is severe, the authorities need to ensure that they have enough evidence before they pursue a case against an individual. This evidence could include witness statements, physical evidence, and forensic evidence, among others. Without sufficient evidence, the authorities may not be able to secure a conviction, which could weaken their case in the future. Another strategic consideration is the involvement of a criminal organization. When a criminal organization is involved, the authorities need to be extra careful about how they proceed with the case. Criminal organizations can be very dangerous, and individuals who are associated with them may be willing to take drastic measures to protect themselves and their associates. As such, the authorities may need to deploy specialized units to investigate and prosecute such cases. In addition to these factors, the authorities may also need to consider the mental state of the individual accused of attempting murder. In some cases, individuals may be suffering from mental health conditions that affect their ability to reason or control their actions. In such cases, the authorities may need to involve mental health professionals to assess the individual's mental state and determine whether they are fit to stand trial. Strategies To ensure a successful prosecution, the authorities may employ several strategies when dealing with section 239(1) of the Criminal Code of Canada. One such strategy is to use plea bargaining. This strategy involves negotiating with the accused to plead guilty to a lesser charge in exchange for a reduced sentence. This strategy can be effective in cases where the accused has a strong case against them, and the evidence is compelling. Another strategy that could be employed by the authorities is to use undercover operations. Undercover operations can be useful in cases where criminal organizations are involved. Undercover operatives can gather intelligence on the organization and its members, which can be used to build a case against them. However, this strategy can be dangerous and requires careful planning to ensure the safety of the undercover operatives. The authorities may also need to use specialized units to investigate and prosecute cases involving criminal organizations. These units may work with other law enforcement agencies or be part of a specialized task force. Specialized units can have access to resources and technologies that are not available to regular law enforcement agencies, which can give them an advantage when investigating these cases. Conclusion In conclusion, section 239(1) of the Criminal Code of Canada outlines the punishment for individuals who attempt to commit murder. When dealing with this section, the authorities need to consider several strategic factors, such as the need for evidence, the involvement of criminal organizations, and the mental state of the accused. To ensure a successful prosecution, the authorities may employ several strategies, such as plea bargaining, undercover operations, and the use of specialized units. By considering these factors and employing effective strategies, the authorities can ensure that justice is served and that the public is safe from those who would attempt to commit murder.