Conspiracy to Murder (NSW)

In New South Wales it is an offence to plan to murder a person or to participate in planning the murder of someone. A person can be charged with the offence of conspiracy to murder if they arrange for someone to murder a person, encourage or persuade someone to murder a person or if they participate in the planning of the murder of a person.

Legislation

The offence of conspiracy to murder is contained in common law principles. The offence is also codified in section 26 of the New South Wales Crimes Act 1900.

What actions may constitute conspiracy to murder?

Examples of conspiracy to murder include:

• Hiring a hitman to kill your parents;
• Telling your lover to poison his wife so you can be together;
• Begging your brother to convince his friend to kill your drug dealer who you owe money;
• Agreeing to purchase a gun so that your friend can kill his girlfriend’s new lover.

What must be proven?

To find a person guilty of conspiracy to murder the prosecution must prove each of the following matters beyond a reasonable doubt:

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

Possible defences

A person can defend a charge of conspiracy to murder but arguing:

• That the accused did not commit the acts alleged (factual defence);
• That the offence was committed under duress;

Jurisdiction

The offence is a strictly indictable offence and must be finalised in the NSW Supreme Court.

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