Criminal Code ( RSC , 1985, C. C-46)
Maybe your like
- Skip to main content
- Skip to "About government"
- Switch to basic HTML version
Marginal note:Attempt to commit murder
239 (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
Marginal note:Subsequent offences
(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
Marginal note:Sequence of convictions only
(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
- R.S., 1985, c. C-46, s. 239
- 1995, c. 39, s. 143
- 2008, c. 6, s. 16
- 2009, c. 22, s. 6
- Criminal Code
- 1 - Short Title
- 2 - Interpretation
- 3.1 - Part I
- 3.1 - General
- 21 - Parties to Offences
- 25 - Protection of Persons Administering and Enforcing the Law
- 32 - Suppression of Riots
- 33.1 - Self-induced Extreme Intoxication
- 34 - Defence of Person
- 35 - Defence of Property
- 43 - Protection of Persons in Authority
- 46 - PART II - Offences Against Public Order
- 46 - Treason and other Offences against the Queen’s Authority and Person
- 49 - Prohibited Acts
- 56.1 - Official Documents
- 59 - Sedition
- 63 - Unlawful Assemblies and Riots
- 70 - Unlawful Drilling
- 71 - Duels
- 72 - Forcible Entry and Detainer
- 74 - Piracy
- 76 - Offences against Air or Maritime Safety
- 79 - Dangerous Materials and Devices
- 83 - Prize Fights
- 83.01 - PART II.1 - Terrorism
- 83.01 - Interpretation
- 83.02 - Financing of Terrorism
- 83.05 - List of Entities
- 83.08 - Freezing of Property
- 83.13 - Seizure and Restraint of Property
- 83.14 - Forfeiture of Property
- 83.18 - Participating, Facilitating, Instructing and Harbouring
- 83.231 - Hoax Regarding Terrorist Activity
- 83.24 - Proceedings and Aggravated Punishment
- 83.3 - Recognizance with Conditions
- 84 - PART III - Firearms and Other Weapons
- 84 - Interpretation
- 85 - Use Offences
- 88 - Possession Offences
- 99 - Trafficking Offences
- 102 - Assembling Offence
- 102.1 - Computer Data Offence
- 103 - Export and Import Offences
- 104.1 - Offence Relating to Altering Cartridge Magazine
- 105 - Offences relating to Lost, Destroyed or Defaced Weapons, etc.
- 109 - Prohibition Orders
- 117.0101 - Limitations on Access
- 117.02 - Search and Seizure
- 117.07 - Exempted Persons
- 117.11 - General
- 118 - PART IV - Offences Against the Administration of Law and Justice
- 118 - Interpretation
- 119 - Corruption and Disobedience
- 131 - Misleading Justice
- 144 - Escapes and Rescues
- 150 - PART V - Sexual Offences, Public Morals and Disorderly Conduct
- 150 - Interpretation
- 150.1 - Sexual Offences
- 163 - Offences Tending to Corrupt Morals
- 172.2 - Disorderly Conduct
- 180 - Nuisances
- 183 - PART VI - Invasion of Privacy
- 183 - Definitions
- 184 - Interception of Communications
- 197 - PART VII - Disorderly Houses, Gaming and Betting
- 197 - Interpretation
- 198 - Presumptions
- 199 - Search
- 200 - Obstruction
- 201 - Gaming and Betting
- 213 - Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration
- 214 - PART VIII - Offences Against the Person and Reputation
- 214 - Interpretation
- 215 - Duties Tending to Preservation of Life
- 219 - Criminal Negligence
- 222 - Homicide
- 229 - Murder, Manslaughter and Infanticide
- 240.1 - Trafficking in Human Organs
- 241 - Suicide
- 241.1 - Medical Assistance in Dying
- 242 - Neglect in Child-birth and Concealing Dead Body
- 244 - Bodily Harm and Acts and Omissions Causing Danger to the Person
- 264.1 - Assaults
- 279 - Kidnapping, Trafficking in Persons, Hostage Taking and Abduction
- 286.1 - Commodification of Sexual Activity
- 287 - Abortion
- 289 - Venereal Diseases
- 290 - Offences Against Conjugal Rights
- 294 - Unlawful Solemnization of Marriage
- 297 - Defamatory Libel
- 317 - Verdicts
- 318 - Hate Propaganda
- 320.101 - Conversion Therapy
- 320.11 - PART VIII.1 - Offences Relating to Conveyances
- 320.11 - Interpretation
- 320.12 - Recognition and Declaration
- 320.13 - Offences and Punishment
- 320.27 - Investigative Matters
- 320.31 - Evidentiary Matters
- 320.36 - General Provisions
- 321 - PART IX - Offences Against Rights of Property
- 321 - Interpretation
- 322 - Theft
- 335 - Offences Resembling Theft
- 343 - Robbery and Extortion
- 347 - Criminal Interest Rate
- 348 - Breaking and Entering
- 354 - Possession and Trafficking
- 361 - False Pretences
- 366 - Forgery and Offences Resembling Forgery
- 379 - PART X - Fraudulent Transactions Relating to Contracts and Trade
- 379 - Interpretation
- 380 - Fraud
- 397 - Falsification of Books and Documents
- 402.1 - Identity Theft and Identity Fraud
- 406 - Forgery of Trademarks and Trade Descriptions
- 415 - Wreck
- 416 - Public Stores
- 422 - Breach of Contract, Intimidation and Discrimination Against Trade Unionists
- 426 - Secret Commissions
- 428 - PART XI - Wilful and Forbidden Acts in Respect of Certain Property
- 428 - Interpretation
- 430 - Mischief
- 433 - Arson and Other Fires
- 437 - Other Interference with Property
- 444 - Animals
- 445.1 - Cruelty to Animals
- 448 - PART XII - Offences Relating to Currency
- 448 - Interpretation
- 449 - Making
- 450 - Possession
- 452 - Uttering
- 455 - Defacing or Impairing
- 458 - Instruments or Materials
- 460 - Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value
- 461 - Special Provisions as to Proof
- 462 - Forfeiture
- 462.1 - PART XII.1 - [Repealed, 2018, c. 16, s. 211]
- 462.3 - PART XII.2 - Proceeds of Crime
- 462.3 - Interpretation
- 462.31 - Offence
- 462.32 - Search, Seizure and Detention of Proceeds of Crime
- 462.37 - Forfeiture of Proceeds of Crime
- 462.47 - Disclosure Provisions
- 462.49 - Specific Rules of Forfeiture
- 462.5 - Regulations
- 463 - PART XIII - Attempts — Conspiracies — Accessories
- 468 - PART XIV - Jurisdiction
- 468 - General
- 476 - Special Jurisdiction
- 482 - Rules of Court
- 483 - PART XV - Special Procedure and Powers
- 483 - General Powers of Certain Officials
- 487.04 - Forensic DNA Analysis
- 487.093 - Other Provisions Respecting Warrants and Orders
- 490.011 - Sex Offender Information
- 490.011 - Interpretation
- 490.012 - Order to Comply with the Sex Offender Information Registration Act
- 490.019 - Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004
- 490.02901 - Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada
- 490.029111 - International Transfer of Offenders Act
- 490.03 - Disclosure of Information
- 490.031 - Offences
- 490.03121 - Warrant
- 490.032 - Regulations
- 490.04 - Additional Orders
- 490.1 - Forfeiture of Offence-related Property
- 493 - PART XVI - Compelling Appearance of Accused Before a Justice and Interim Release
- 493 - Interpretation
- 493.1 - Principle and Considerations
- 494 - Arrest without Warrant and Release from Custody
- 502.1 - Appearance of Accused before Justice
- 504 - Information, Summons and Warrant
- 515 - Judicial Interim Release
- 523.1 - Proceedings Respecting Failure to Comply with Release Conditions
- 525 - Review of Detention where Trial Delayed
- 527 - Procedure to Procure Attendance of a Prisoner
- 528 - Endorsement of Warrant
- 529 - Powers to Enter Dwelling-houses to Carry out Arrests
- 530 - PART XVII - Language of Accused
- 535 - PART XVIII - Procedure on Preliminary Inquiry
- 535 - Jurisdiction
- 536.3 - Procedures before Preliminary Inquiry
- 537 - Powers of Justice
- 539 - Taking Evidence of Witnesses
- 543 - Remand Where Offence Committed in Another Jurisdiction
- 544 - Absconding Accused
- 545 - Procedure where Witness Refuses to Testify
- 546 - Remedial Provisions
- 548 - Adjudication and Recognizances
- 551 - Transmission of Record
- 551.1 - PART XVIII.1 - Case Management Judge
- 552 - PART XIX - Indictable Offences — Trial Without Jury
- 552 - Interpretation
- 553 - Jurisdiction of Provincial Court Judges
- 553 - Absolute Jurisdiction
- 554 - Provincial Court Judge’s Jurisdiction with Consent
- 558 - Jurisdiction of Judges
- 558 - Judge’s Jurisdiction with Consent
- 560 - Election
- 566 - Trial
- 567 - General
- 573 - PART XIX.1 - Nunavut Court of Justice
- 574 - PART XX - Procedure in Jury Trials and General Provisions
- 574 - Preferring Indictment
- 581 - General Provisions respecting Counts
- 584 - Special Provisions respecting Counts
- 587 - Particulars
- 588 - Ownership of Property
- 589 - Joinder or Severance of Counts
- 592 - Joinder of Accused in Certain Cases
- 597 - Proceedings when Person Indicted is at Large
- 599 - Change of Venue
- 601 - Amendment
- 603 - Inspection and Copies of Documents
- 606 - Pleas
- 620 - Organizations
- 624 - Record of Proceedings
- 625.1 - Pre-hearing Conference
- 626 - Juries
- 628 - Challenging the Array
- 631 - Empanelling Jury
- 645 - Trial
- 655 - Evidence on Trial
- 658 - Children and Young Persons
- 659 - Corroboration
- 660 - Verdicts
- 664 - Previous Convictions
- 669.1 - Jurisdiction
- 670 - Formal Defects in Jury Process
- 672.1 - PART XX.1 - Mental Disorder
- 672.1 - Interpretation
- 672.11 - Assessment Orders
- 672.2 - Assessment Reports
- 672.21 - Protected Statements
- 672.22 - Fitness to Stand Trial
- 672.34 - Verdict of Not Criminally Responsible on Account of Mental Disorder
- 672.38 - Review Boards
- 672.45 - Disposition Hearings
- 672.54 - Dispositions by a Court or Review Board
- 672.54 - Terms of Dispositions
- 672.64 - High-Risk Accused
- 672.67 - Dual Status Offenders
- 672.72 - Appeals
- 672.81 - Review of Dispositions
- 672.85 - Power to Compel Appearance
- 672.851 - Stay of Proceedings
- 672.86 - Interprovincial Transfers
- 672.9 - Enforcement of Orders and Regulations
- 673 - PART XXI - Appeals — Indictable Offences
- 673 - Interpretation
- 674 - Right of Appeal
- 678 - Procedure on Appeals
- 686 - Powers of the Court of Appeal
- 691 - Appeals to the Supreme Court of Canada
- 696 - Appeals by Attorney General of Canada
- 696.1 - PART XXI.1 - Applications for Ministerial Review — Miscarriages of Justice
- 696.7 - PART XXI.2 - Miscarriage of Justice Review Commission
- 696.7 - Definitions
- 696.71 - Establishment and Mandate
- 696.73 - Commissioners
- 696.8 - Powers, Duties and Functions
- 696.86 - Staff
- 696.87 - Annual Report
- 697 - PART XXII - Procuring Attendance
- 697 - Application
- 698 - Process
- 701 - Execution or Service of Process
- 704 - Defaulting or Absconding Witness
- 708.1 - Electronically Transmitted Copies
- 709 - Evidence on Commission
- 714.1 - Video and Audio Evidence
- 715 - Evidence Previously Taken
- 715.1 - Video-recorded Evidence
- 715.21 - PART XXII.01 - Remote Attendance by Certain Persons
- 715.21 - Principles
- 715.221 - General
- 715.23 - Accused and Offenders
- 715.25 - Participants
- 715.26 - Judge or Justice
- 715.27 - Prospective Jurors
- 715.3 - PART XXII.1 - Remediation Agreements
- 716 - PART XXIII - Sentencing
- 716 - Interpretation
- 717 - Alternative Measures
- 718 - Purpose and Principles of Sentencing
- 718.21 - Organizations
- 718.3 - Punishment Generally
- 720 - Procedure and Evidence
- 730 - Absolute and Conditional Discharges
- 731 - Probation
- 734 - Fines and Forfeiture
- 737.1 - Restitution
- 742 - Conditional Sentence of Imprisonment
- 743 - Imprisonment
- 743.6 - Eligibility for Parole
- 744 - Delivery of Offender to Keeper of Prison
- 745 - Imprisonment for Life
- 748 - Pardons and Remissions
- 750 - Disabilities
- 751 - Miscellaneous Provisions
- 752 - PART XXIV - Dangerous Offenders and Long-term Offenders
- 752 - Interpretation
- 752.01 - Dangerous Offenders and Long-Term Offenders
- 762 - PART XXV - Effect and Enforcement of Undertakings, Release Orders and Recognizances
- 774 - PART XXVI - Extraordinary Remedies
- 785 - PART XXVII - Summary Convictions
- 785 - Interpretation
- 787 - Punishment
- 788 - Information
- 793 - Defects and Objections
- 795 - Application
- 798 - Trial
- 804 - Adjudication
- 810 - Sureties to Keep the Peace
- 812 - Appeal
- 816 - Interim Release of Appellant
- 821 - Procedure on Appeal
- 829 - Summary Appeal on Transcript or Agreed Statement of Facts
- 839 - Appeals to Court of Appeal
- 840 - Fees and Allowances
- 841 - PART XXVIII - Miscellaneous
- 841 - Electronic Documents
- 849 - Forms
- SCHEDULE TO PART XX.1
- SCHEDULE TO PART XXII.1 - Offences in respect of which a remediation agreement may be entered into
- SCHEDULE [to Part XXV]
- SCHEDULE [to Part XXVII]
- FORM 1 - Information To Obtain a Search Warrant
- FORM 2 - Information
- FORM 3
- FORM 4 - Heading of Indictment
- FORM 5 - Warrant To Search
- FORM 5.001 - Preservation Demand
- FORM 5.002 - Information To Obtain a Preservation Order
- FORM 5.003 - Preservation Order
- FORM 5.0031 - Information To Obtain a Keep Account Open or Active Order
- FORM 5.0032 - Keep Account Open or Active Order
- FORM 5.004 - Information To Obtain a Production Order
- FORM 5.005 - Production Order for Documents
- FORM 5.0051 - Production Order — Specified Dates
- FORM 5.006 - Production Order To Trace a Communication
- FORM 5.007 - Production Order for Transmission Data or Tracking Data
- FORM 5.008 - Production Order for Financial Data
- FORM 5.0081 - Information To Revoke or Vary an Order Made Under Any of Sections 487.013 to 487.018 of the Criminal Code
- FORM 5.009 - Information To Obtain a Non-Disclosure Order
- FORM 5.0091 - Non-Disclosure Order
- FORM 5.01 - Information To Obtain a Warrant To Take Bodily Substances for Forensic DNA Analysis
- FORM 5.02 - Warrant Authorizing the Taking of Bodily Substances for Forensic DNA Analysis
- FORM 5.03 - Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis
- FORM 5.04 - Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis
- FORM 5.041 - Order to a Person To Have Bodily Substances Taken for Forensic DNA Analysis
- FORM 5.05 - Application for an Authorization To Take Bodily Substances for Forensic DNA Analysis
- FORM 5.06 - Authorization To Take Bodily Substances for Forensic DNA Analysis
- FORM 5.061 - Summons to a Person To Have Bodily Substances Taken for Forensic DNA Analysis
- FORM 5.062 - Warrant for Arrest
- FORM 5.07 - Report to a Provincial Court Judge or the Court
- FORM 5.08 - Application for an Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis
- FORM 5.09 - Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis
- FORM 5.1 - Notice — Execution of Search Warrant
- FORM 5.2 - Report to a Justice
- FORM 5.3 - Report to a Judge of Property Seized
- FORM 6 - Summons to a Person Charged with an Offence
- FORM 6.1 - Application for a Summons under Section 485.2
- FORM 6.2 - Summons to Appear for the Purposes of the Identification of Criminals Act
- FORM 6.3 - Summons to Appear for the Purposes of Section 490.0132
- FORM 6.4 - Warrant for Arrest
- FORM 7 - Warrant for Arrest
- FORM 7.1 - Warrant To Enter Dwelling-house
- FORM 8 - Warrant for Committal
- FORM 9 - Appearance Notice
- FORM 10 - Undertaking
- FORM 11 - Release Order
- FORM 11.1 - Order to Appear for the Purposes of the Identification of Criminals Act
- FORM 12 - Surety Declaration
- FORM 13
- FORM 14
- FORM 15 - Warrant To Convey Accused Before Justice of Another Territorial Division
- FORM 16 - Subpoena to a Witness
- FORM 16.1 - Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal Code
- FORM 17 - Warrant for Witness
- FORM 18 - Warrant To Arrest an Absconding Witness
- FORM 19 - Warrant Remanding a Prisoner
- FORM 20 - Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
- FORM 21 - Warrant of Committal on Conviction
- FORM 22 - Warrant of Committal on an Order for the Payment of Money
- FORM 23 - Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace
- FORM 24 - Warrant of Committal of Witness for Failure to Enter into Recognizance
- FORM 25 - Warrant of Committal for Contempt
- FORM 26 - Warrant of Committal in Default of Payment of Costs of an Appeal
- FORM 27 - Warrant of Committal on Forfeiture of Amounts
- FORM 28 - Endorsement of Warrant
- FORM 28.1
- FORM 29 - Endorsement of Warrant
- FORM 30 - Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand
- FORM 31 - Deposition of a Witness
- FORM 32 - Recognizance
- FORM 33 - Certificate of Default to Be Endorsed
- FORM 34 - Writ of Fieri Facias
- FORM 34.1 - Statement on Restitution
- FORM 34.2 - Victim Impact Statement
- FORM 34.3 - Community Impact Statement
- FORM 35 - Conviction
- FORM 36 - Order Against an Offender
- FORM 37 - Order Acquitting Accused
- FORM 38 - Conviction for Contempt
- FORM 39 - Order for Discharge of a Person in Custody
- FORM 40 - Challenge To Array
- FORM 41 - Challenge for Cause
- FORM 42 - Certificate of Non-payment of Costs of Appeal
- FORM 43 - Jailer’s Receipt to Peace Officer for Prisoner
- FORM 44
- FORM 45
- FORM 46 - Probation Order
- FORM 47 - Order To Disclose Income Tax Information
- FORM 48 - Assessment Order of the Court
- FORM 48.1 - Assessment Order of the Review Board
- FORM 48.2 - Victim Impact Statement — Not Criminally Responsible
- FORM 49 - Warrant of Committal
- FORM 50 - Warrant of Committal
- FORM 51 - Notice of Obligation To Provide Samples of Bodily Substance
- FORM 52 - Order To Comply with Sex Offender Information Registration Act
- FORM 53 - Notice of Obligation To Comply with Sex Offender Information Registration Act
- FORM 54 - Obligation To Comply with Sex Offender Information Registration Act
Page Details
Date modified: 2026-02-18Tag » How Long Can U Get For Attempted Murders
-
Penal Code 1871 - Singapore Statutes Online
-
Murder & Attempted Murder | Criminal Defense Attorney In Eureka
-
Attempted Murder
-
Attempted Murder - Sentencing Council
-
Attempted Murder Law In California | Penal Code Section 664/187
-
[PDF] Sentencing Snapshot: Homicide And Related Offences
-
Attempted Murder - Wikipedia
-
Attempted Murder Sentence - What Is A Defendant Facing?
-
PC 664/187(a) – Attempted Murder – California Law & Sentencing
-
Attempted Murder Charges In Florida | Flaherty & Merrifield
-
Attempted Murder | New York Criminal Defense Lawyers Tilem ...
-
Attempted Murder Charges In Illinois | Chicago Trusted Attorneys
-
Attempted Murder Florida | Parikh Law, P.A.
-
Chapter 11. - Title 18 - CRIMES AND OFFENSES