Conspiracy & Solicitation to Murder

Section 26 of the Crimes Act 1900 (NSW) provides that where a person:

• conspires and agrees to murder any person; or
• solicits, encourages, persuades, or endeavours to persuade, or proposes to any person to commit any such murder,

that shall be an offence punishable by 25 years imprisonment (deemed as the offence of conspiracy to murder).

Basically, the elements of conspiracy to murder involves:

• a conspiracy between two or more persons, one of whom was the accused and\
• the object of the conspiracy was to murder a person.

There must be an intention to achieve the purpose and a common expression of that intention. Negotiations to make an agreement may not constitute conspiracy, but once the agreement is made, it is irrelevant whether or not the agreement is carried out, it is still punishable as conspiracy.

The elements of solicitation to murder involves:

• the accused intended  that the victim be murdered; and
• that the accused sought to solicit, encourage, persuade, endeavour to persuade, or propose to any person to commit that murder.

Penalty

The maximum penalty for this offence is 25 years imprisonment.

Defences

Possible defences to these offences include:

• Honest and reasonable mistake of fact (being involved in a conspiracy plan without being told about the facts or true nature of the enterprise).
• Necessity
• Duress

How can Prime Lawyers help?

Our criminal lawyers have a wealth of experience and knowledge in this area of law. If you are pleading guilty to a solicitation or conspiracy to muder charge we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in plea bargaining with the Prosecution, which can often reduce the penalty imposed also. Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this.

If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result. We also have access to some of the best criminal barristers and senior counsel in the country if they are required.

Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. Please contact our firm on (02) 9521 2222 to speak with one of our criminal lawyers today. Alternatively email your enquiry to us and we will contact you shortly.