Attempted murder in South Africa carries no fixed minimum sentence. Courts may impose anything from a suspended sentence to life imprisonment, because the maximum for attempted murder is the same as murder, and the court’s discretion under the Criminal Law Amendment Act 105 of 1997 applies only where a listed minimum sentence category is met. In practice, sentences of ten to twenty years’ imprisonment are common for serious attempted murders, while cases on the lowest end of violence can receive far less.
This guide explains what makes attempted murder rather than a lesser charge, how sentencing actually works, the direct imprisonment presumption, and the defences. Attempted murder is a common law crime prosecuted through the Criminal Procedure Act 51 of 1977.
What Makes It Attempted Murder
The State must prove that the accused commenced execution of a plan to kill, with intent to kill, and that something other than the accused’s own change of heart prevented death. Intention includes dolus eventualis: foreseeing death as possible and proceeding anyway, such as shooting into a moving vehicle.
Mere preparation is not attempted murder. Buying a weapon and planning is preparation; pointing and firing is execution. Where intent to kill is absent but serious injury was intended, the charge is assault GBH or attempted GBH instead, a materially lighter case.
How Sentencing Works
| Scenario | Typical sentencing outcome |
|---|---|
| Attempt on a law enforcement official, or in a listed category | Statutory minimums may apply, with life or 15 years depending on the listing |
| Planned shooting or poisoning, victim survives | Long imprisonment, commonly above ten years |
| Sudden quarrel, single shot, no premeditation | Moderate terms, sometimes with correctional supervision outcomes for strong mitigating factors |
| No injury, abandoned attempt, youth or impairment | Lower sentences, occasionally suspended |
The court weighs the degree of execution, the danger created, use of a firearm, vulnerability of the victim, and the accused’s record. Retributive and deterrent considerations weigh heavier here than in almost any non-fatal crime, because the criminality is that of murder, defeated by luck or medicine rather than mercy.
Bail Position
Attempted murder is ordinarily a Schedule 5 offence, so the State must show that the interests of justice require detention. Where the attempt involved premeditation or a listed aggravating feature, Schedule 6 applies and the accused must prove exceptional circumstances before bail is even considered.
Defences to Attempted Murder
- No intent to kill: the aim was to frighten or injure, not kill, reducing the charge to assault GBH.
- No commencement of execution: the conduct was preparation, which is not attempted murder.
- Private defence: proportionate defensive force against an unlawful attack.
- Impossibility or supervening cause: death was never possible on the facts, or the injury was caused otherwise.
- Identification and ballistic disputes, which are common in shooting cases and frequently decisive.
Common Mistakes to Avoid
- Assuming the victim’s survival caps the sentence. Courts sentence the intent and the execution, and terms approach murder sentences.
- Statements at hospital or the scene. Early statements in shooting cases become the trial’s centre of gravity.
- Declining a defence attorney on a “lesser” charge. Attempted murder is tried in the regional or high court with serious exposure.
- Ignoring bail timing. The bail application is often the first, best opportunity to shape the record.
- Pleading without a section 105A agreement. A guilty plea without a negotiated sentence invites the maximum discretion.
Get help with an attempted murder charge. Otrebski Attorneys’ criminal defence team in Sandton handles serious violent crime from bail to trial. Call 060 500 3098 or book an appointment immediately.
Frequently Asked Questions
What is the minimum punishment for attempted murder in South Africa?
There is no fixed minimum. Sentences range from suspended terms to life imprisonment, with ten to twenty years common for serious attempts. Statutory minimums under the Criminal Law Amendment Act 105 of 1997 apply only where a listed category, such as an attempt on a law enforcement official, is present.
What is the difference between attempted murder and assault GBH?
Attempted murder requires intent to kill and the start of executing that intent. Assault GBH requires intent to cause serious injury only. The distinction turns on what the accused intended, and it materially changes both the charge and the sentence exposure.
Can you get bail for attempted murder?
Yes. Attempted murder is ordinarily a Schedule 5 offence, where the State must show the interests of justice justify detention. With premeditation or listed aggravating features, Schedule 6 applies and the accused must prove exceptional circumstances.
Does attempted murder carry a life sentence?
It can. The maximum is the same as for murder, and courts have imposed life for near-complete attempts in listed categories. Whether a minimum of life applies depends on the Criminal Law Amendment Act listing for the particular circumstances.
Is planning to kill someone a crime?
Preparation alone is not attempted murder, but it can amount to conspiracy, incitement, or possession of dangerous weapons, each separately prosecutable. The line is crossed into attempted murder when execution of the plan begins.
Disclaimer. This article is general information, not legal advice for a specific case. Consult the Criminal Law Amendment Act 105 of 1997 and an admitted attorney about any pending charge.