Conspiracy to Murder

THE LAW

Section 26 of the Crimes Act 1900 (NSW) states:

“Whosoever: conspires and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queen’s 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”.

 The seminal case in the matter of R v Shephard [1919] 2 KB 125 held that there was no need for the existence of a victim, it will be sufficient that the victim is capable of being murdered at the time when the act of murder is to be committed.

 

Maximum/Possible penalties

For Conspiracy to Murder the maximum penalty is imprisonment for 25 years.

Please note that this penalty is reserved for the worst kind of offending and is unlikely to be what you would receive.

In NSW, a court can impose any of the following penalties for a Conspiracy to murder charge.

  • Full time Imprisonment;
  • An Intensive Correction Order (ICO);

 

THE FACTS THAT MUST BE PROVEN

Since Conspiracy to Murder is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must be able to prove beyond a reasonable doubt that:

  • You and at least one other person conspired or agreed to commit murder; or
  • You solicited, encouraged, proposed to, persuaded, or endeavoured to persuade at least one other person to commit murder.

 

Defences

Some of the possible defences available may include:

  • That you did not solicit, encourage, propose, persuade or endeavour to persuade someone;
  • That what you solicited, encouraged, proposed to do, persuaded or endeavoured to persuade someone to do was not to commit murder; or
  • That you did not conspire or agree with another person;
  • That you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue "Duress";
  • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of "Necessity" or
  • If you were defending yourself or another OR yours or another’s property you may have a Defence of Self-Defence. Many people misunderstand what the limits of Self-defence can be. Most think it is simply outlined in section 418 of the Crimes Act 1900 (NSW), however, there is lawful authority to argue self-defence even in situations where “Pre-Emptive Force” is used. Moreover, at times there “No duties or need to retreat”.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

Speak to a Lawyer

Get a Free Consultation