Conspiracy to Murder Charges In NSW

Conspiracy to murder is an extremely serious offence. If you are facing criminal charges for conspiracy to murder, contact George Sten & Co Criminal Lawyers Sydney. With over 50 years of experience our Criminal Defence Lawyers are experts in defending criminal charges.

Conspiracy to murder refers to planning to murder someone or participating in the planning of the murder of someone. If a person arranges for another person to murder a person or if a person encourages or persuades another person to murder someone, they may be charged with this offence.

If a person is found guilty of this offence, they face up to 25 years in prison. To be found guilty, each element of the offence must be proved by the police. For this reason, it is essential anyone charged with this offence be represented by an experienced criminal defence lawyer who is able to properly test the evidence and defend the accused to the highest standard.

For a person to be found guilty of this offence, the police must prove the accused person and at least one other person conspired or agreed to commit murder, or the accused person solicited, encouraged, proposed to, persuaded or endeavoured to persuade at least one other person to commit murder. These elements must be proved for an accused person to be found guilty. 

The law relating to this offence is mostly contained in common law, however Section 26 of the Crimes Act provides:

Whosoever: 

conspires and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queens dominions or not, or 

solicits, encourages, persuades, or endeavours to persuade, or proposes to, any person to commit any such murder,

shall be liable to imprisonment for 25 years.

There are a number of acts, which may constitute conspiracy to murder. These include:

• hiring a hit-man to kill a person;
• telling a person to poison their husband or wife so that you may be with them;
• telling a sibling to convince their friend to kill someone or
• agreeing to purchase a weapon so that your friend may kill someone.

Conspiracy to Murder Defence

There are also a number of ways to defend this charge. They include the following. 

• Firstly a person may maintain their innocence if they did not commit the act. It is not uncommon for an accused person to have simply been in the wrong place at the wrong time, which may lead to them becoming a suspect in a crime. There are numerous cases where the wrong person has been charged with a crime.

• Secondly, it may be argued that the accused did not conspire or agree with another person.

• Thirdly, it may be argued that the conspiracy or agreement was not to commit murder.

• Fourthly, it may be argued that the accused person did not solicit, encourage, propose, persuade or endeavour to persuade another person.

• It may also be argued that what the accused person solicited, encouraged, proposed to do, persuaded or endeavoured to persuade someone to do was not to commit murder.

• Lastly, an accused person may raise a defence of self-defence, necessity or duress as the reason for their conduct.

The offence of conspiracy to commit murder is a strictly indictable offence. This means that the offence must be finalised in the Supreme Court due to the seriousness of the offence and before a judge and or jury as opposed to a magistrate.

There are numerous circumstances a court may take into account in hearing a matter involving this offence and determining an alleged offender’s culpability or guilt and the possible sentence to be imposed. For example, common law provides that an offender’s culpability may be reduced if there is a real possibility that the offence would not have been committed but for the assistance, encouragement or incitement offered by undercover police officers.

For this reason it is essential a person charged with an offence under this section is represented by an expert criminal defence lawyer who knows how to properly defend the charge and ensure a person charged with this offence achieves the best possible outcome.

If a person is found guilty of this offence and the act was committed after 1 February 2003, there is a standard non-parole period of 10 years. This means a convicted person will spend between 10 and 25 years in prison no matter what the circumstances are surrounding the offence. 

If you have been charged with conspiring to commit murder, it is essential you be represented by an expert criminal defence lawyer with experience in conspiracy charges and conspiracy to commit murder.

For more information, call George Sten & Co Criminal Lawyers. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at georgesten@criminal-lawyer.com.au.