What is necessary for a successful claim of an attempt if the victim is not killed?

For a successful claim of an attempt to commit a crime, such as murder, specific intent to kill is a critical element. This means that the defendant must possess the intention to achieve the outcome of the crime, in this case, the death of the victim.

Under criminal law, an attempt requires not only the execution of an act that is more than mere preparation but also the specific mental state associated with the crime. In the context of murder, this mental state is the intent to kill. Even if the act does not result in the death of the victim, if the defendant had the specific intent to kill and took substantial steps toward that goal, a charge of attempt can be successfully brought against them.

The other elements mentioned, like evidence of a plan or a sudden act of violence, may indicate preparation or impulsivity but do not sufficiently establish the necessary mental state of specific intent to kill. Likewise, a confession can provide strong evidence of intent but is not itself a requirement for proving an attempt. The core requirement remains the demonstration of specific intent to commit the crime of murder.