Frustrated Murder vs Attempted Murder  | Understanding the Key Differences

Understanding criminal law can be challenging, especially when it comes to distinguishing between different types of serious offences. Two terms that often cause confusion are frustrated murder and attempted murder. Both involve the intent to kill, but South African law treats them differently.

What Is Frustrated Murder?

Frustrated murder occurs when a person takes direct action to kill someone, but the intended result—death—does not occur due to circumstances outside their control. Essentially, the act of killing is completed, but the victim survives.

Key points about frustrated murder:

  • The perpetrator has the intention to kill. 
  • All steps necessary to cause death have been performed. 
  • The failure to kill is due to factors beyond the perpetrator’s control, such as the victim receiving medical help in time. 

Example: A person shoots someone at close range with a lethal weapon, but the victim survives because medical assistance arrives just in time.

What Is Attempted Murder?

Attempted murder is when someone intends to kill, but their actions fall short of actually completing all the steps necessary to cause death.

Key points about attempted murder:

  • There is a clear intent to kill. 
  • The person takes steps toward committing murder, but the act is not fully executed. 
  • The failure may be due to the perpetrator being interrupted, fleeing, or lacking the means to complete the murder. 

A person plans to poison someone and administers a non-lethal amount by mistake, or is caught before completing the act in an attempted poisoning case.

Differences Between Frustrated and Attempted Murder

Aspect Frustrated Murder Attempted Murder
Intent Exists in both cases Exists in both cases
Completion of Act All steps to kill are performed Act is not fully executed
Outcome Victim survives due to external factors Victim survives because act was incomplete
Severity Considered more serious Slightly less severe than frustrated murder

Understanding these distinctions is crucial for legal professionals, law students, and anyone facing criminal charges. The classification of a case affects punishment, legal strategy, and potential sentencing.

Frequently Asked Questions

Q: Can frustrated murder be downgraded to attempted murder?
 A: No. Frustrated murder is only downgraded if the prosecution cannot prove that all steps to cause death were completed.

Q: What is the punishment for frustrated murder in South Africa?
 Frustrated murder carries a severe penalty, often similar to that of murder, as the intention and execution were evident, which can lead to a considerable penalty for manslaughter.

Q: How is attempted murder punished?
 Sentences for attempted murder are punishable under South African law, with variations depending on the circumstances and the court’s discretion.

Q: Can self-defense be claimed in cases of attempted or frustrated murder?
 A: Yes, but the claimant must prove that their actions were necessary to prevent imminent harm and were proportionate to the threat.

Take Action Now

If you or someone you know is facing charges related to attempted or frustrated murder, obtaining legal help for serious charges is critical. Having access to South African law insights can make a significant difference in the outcome of your case. Contact Burger Huyser Attorneys today to ensure your rights are protected and to receive expert legal support.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

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