Liverpool FC Parade attack – Why Hasn’t the Suspect been Charged with Attempt Murder?

Attempted murder is a notoriously difficult offence to prove in the UK due to the high threshold of intent required, among other legal and evidential complexities. Here’s a breakdown of why it’s challenging, and some real-life examples where individuals were convicted of lesser offences instead.

🔍 Why Attempted Murder Is Hard to Prove in the UK

  1. Specific Intent to Kill Is Required
    • The prosecution must prove beyond reasonable doubt that the defendant intended to kill the victim.
    • It’s not enough to show recklessness, intent to cause serious harm (grievous bodily harm or GBH), or any motive short of actual intent to kill.
  2. Mens Rea (Mental Element) Is Crucial
    • Courts distinguish between:
      • Intent to kill (required for attempted murder)
      • Intent to cause GBH (sufficient for other offences like Section 18 GBH)
    • This is because someone can cause life-threatening injuries without necessarily meaning to kill and juries often opt for safer convictions.
  3. Burden of Proof
    • Prosecutors must prove both the act (actus reus) and intent (mens rea).
    • If there’s any ambiguity about whether the defendant wanted the victim to die, the charge can collapse.
  4. Alternative Charges Are More Appealing to Prosecutors
    • For practical purposes, prosecutors often charge under Section 18 of the Offences Against the Person Act 1861 (wounding or GBH with intent). This carries a life sentence but is easier to prove.

⚖️ Real-Life Examples: Downgraded or Lesser Convictions

1. Case of Damilola Taylor (2000)

  • Two brothers were originally charged with murder.
  • After multiple trials, they were eventually convicted of manslaughter, not murder, due to difficulties proving intent and specific roles.

2. Stephen Timms Stabbing (2010)

  • MP Stephen Timms was stabbed twice in the abdomen by Roshonara Choudhry.
  • She was convicted of attempted murder, but only after she admitted intent to kill in a police interview.
  • This is a rare case where clear evidence of intent secured a conviction.

3. Glasgow Hotel Attack (2020)

  • A man attacked several people with a knife at a hotel.
  • Despite serious injuries, the Crown opted for charges of attempted murder in only some cases, while others were charged under assault or GBH statutes, depending on evidence of intent.

View of Crown Court room inside St Georges Hall, Liverpool, UK - Meadows & Co