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In NSW it is an offence to plan to murder someone or participate in the planning of the murder of someone.
You can be charged with this offence if you arrange for someone to murder a person, if you encourage or persuade someone to murder a person or if you participate in the planning of the murder of a person.
The maximum penalty for manslaughter is imprisonment for 25 years.
The offence of conspiracy to murder is largely contained in common law principles. The offence is however addressed in section 26 of the Crimes Act. The section states:
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.
Examples of conspiracy to murder include:
To convict you of conspiracy to murder the prosecution must prove each of the following matters beyond reasonable doubt:
The common ways to defend this charge are:
The offence is a strictly indictable offence and must be finalised in the Supreme Court.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.