R v Reid

In the case of R v Reid, the accused was charged with one count of attempted murder and, in the alternative, one count of wounding with intent to do grievous bodily harm. The accused had attacked a gym owner with a meat cleaver, causing serious injuries. The key issue for the court was to determine whether the objective elements of the offence of attempted murder were established beyond a reasonable doubt, excluding the subjective element of intent to kill. The accused conceded that the objective elements of wounding with intent to do grievous bodily harm were made out, but argued that those of attempted murder were not.

The court examined the acts of the accused, which included bringing a large meat cleaver down in a chopping motion towards the victim’s head and swinging it from other directions towards his head multiple times. The court concluded that these actions clearly constituted the objective elements of attempted murder. The court was satisfied beyond reasonable doubt that the accused’s actions amounted to an attempt to murder the victim, regardless of the subjective intent to kill. Therefore, the court found that the objective elements of the offence of attempted murder were indeed made out.

Based on the findings, the court held that the objective elements of attempted murder were established beyond reasonable doubt, and the accused was found guilty of attempted murder. The court did not need to consider the issue of the accused’s mental competence as it pertained to the objective elements of the offence. The court did not specify the final orders, but typically, this would involve sentencing the accused for the offence of attempted murder.