(1) Unlawfully trying to cause the death of a person;"
The offense of attempted murder does not include a consequential component and does not require harm to the victim. In addition, this is a special attempted offense to which the provisions of the general section of the Penal Law, and accordingly its foundations are learned from the teaching of Article 25 of the Penal Law, according to which: "A person tries to commit an offense if, with the intention of committing it, he commits an act that has no preparation and the offense is not completed".
The Factual Basis What is required For an offense of attempted murder is an act that goes beyond the scope of a preparatory act and constitutes a link in the chain of acts committed towards the realization of the perfect offense, but does not reach the completion of the offense. In other words, the experience is more than just preparation, but it is still not a perfect offense.
See in this context a criminal appeal 6731/23 Strug v. State of IsraelVerse 12 (July 16, 2024):
"The factual basis therefore required for the sophistication of attempted offenses, and the offense of attempted murder in general, is that the act committed fell within the scope of a purely preparatory act (for further details, see my judgment in Criminal Appeal 3312/19 State of Israel v. Abu Goda, paragraphs 16-20 (January 22, 2023))."
And yes, see what was determined Criminal Appeal 1639/98 Dahan v. State of Israel (18.6.2001):
"The factual element of the offense of probation, therefore, requires the performance of an act that is a link in the acts committed towards the attainment of the perfect offense, an act that goes beyond the scope of preparation and advances the perpetrator towards the completion of the offense, for which he aspires... In accordance with what is stated in section 26 of the law, it is not required that from an objective point of view the act be carried out under conditions and means that enable the completion of the offense, provided that the perpetrator was not aware that he was acting by means or conditions that are not suitable for it."