Conspiracy to Murder

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What is Conspiracy to Murder ?

The offence of conspiracy to murder is largely contained in common law principles.

Case law/Jurisdiction

An offence of Conspiracy to murder is what is known as a Strictly offence which means that the matter will be finalised in the District or Supreme Court.

Interestingly there is no need for the existence of a victim, it is sufficient that the victim is capable of being murdered at the time when the act of murder is to be committed, see- R v Shephard [1919] 2 KB 125

The Law

Section 26 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

What must the prosecution prove?

Since Conspiracy to murder offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Conspiracy to murder.

To establish Conspiracy to murder, the prosecution must prove each of the following matters beyond reasonable doubt;

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

If you are charged with the offence of Conspiracy to murder what are your options?

National Criminal Lawyers are prominent Murder Lawyers Sydney.

NCL offer the following options for those who have been charged with Conspiracy to murder;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Pleading Guilty

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work to get you the best result.

Maximum Penalties

For offenders of conspiracy to murder the maximum penalty is imprisonment for 25 years.

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

Pleading Not Guilty

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended several Conspiracy to murder charges and are experts at these hearings.

Defences

Some of the possible defences available for those charged with Conspiracy to murder can include;

  • To argue that you did not solicit, encourage, propose, persuade or endeavour to persuade someone;
  • To argue that what you solicited, encouraged, proposed to do, persuaded or endeavoured to persuade someone to do was not to commit murder; or
  • To argue that you did not conspire or agree with another person;
  • To argue that what you conspired or agreed to do was not to commit murder;
  • If 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”.

Possible Penalty's

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

  • Prison sentence;
  • Home Detention;
  • Intensive correction order (previously periodic detention);
  • Suspended sentence;
  • Community service order (CSO);

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

  • Full time Imprisonment;
  • New ICO (ICO) with a home detention condition available;
  • New Community Correction Order (CCO);

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. We get the results

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. We give a Senior Defence Lawyer guarantee

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Conspiracy to murder offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

Book your first free appointment with National Criminal lawyers now.
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