On Sat, 18 Feb 2012 10:34:43 -0600,
rosen...@cix.compulink.co.uk put
Ignore my previous response, I misread your comment. Yes, intent to commit
murder includes attempt to cause GBH, but only where death actually occurs.
That is, if the intent is to cause serious injury to someone to a dgree
that is reckless as to whether they survive or not, then lack of specific
intent to cause death is not a defence to murder.
However, attempted murder requires specific intent to kill. The official
CPS guidance puts it this way:
Unlike murder, which requires an intention to kill or cause grievous
bodily harm, attempted murder requires evidence of an intention to kill
alone. This makes it a difficult allegation to sustain and careful
consideration must be given to whether on the facts a more appropriate
charge would be one under section 18 of the Offences Against the Person
Act 1861. Another possible charge may one of Making Threats to Kill.
The courts will pay particular attention to counts of attempted murder
and justifiably will be highly critical of any such count unless there is
clear evidence of an intention to kill.
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/
In the case of R v Morrison [2003] 1 W.L.R.1859 (referred to by the above
document), the court held that a charge of attempted GBH and attempted
murder are different, to the extent that if a charge of attempted murder
cannot be proven then the court is entitled to substitute a charge of
attempted GBH on the basis that an attempt to kill must necessarily include
an attempt to cause GBH, but not vice versa.