Conspiracy to murder

Conspiracy to murder is a statutory offence defined by the intent to commit murder.

England and Wales[]

Conspiracy to murder is an offence by virtue of section 1(1) of the Criminal Law Act 1977.

Mens rea: Although an intention to cause grievous bodily harm is sufficient for murder, it is not sufficient for conspiracy to murder.^[1]

Jurisdiction[]

Section 1(4) of the Criminal Law Act 1977 formerly provided that it was immaterial that the murder in question would not be triable in England and Wales if committed in accordance with the intention of the parties to the agreement. This reproduced the effect of section 4 of the Offences against the Person Act 1861.

See now section 1A of the Criminal Law Act 1977.

Sentence[]

A person guilty of conspiracy to murder is liable to imprisonment for life or for any shorter term.^[2]

As to the maximum sentence in a case where the agreement was entered into before Part I of the Criminal Law Act 1977 came into force, see section 5(5) of that Act.

See the Crown Prosecution Service sentencing manual.

The following cases are relevant:

R v Khalil and others [2004] 2 Cr App R (S) 24
R v McNee, Russell and Gunn [2007] EWCA Crim 1529 [2008] 1 Cr App R (S) 24
R v Barot [2007] EWCA Crim 1119, [2008] 1 Cr App R (S) 31 (see Dhiren Barot)

Northern Ireland[]

Conspiracy to murder is an offence by virtue of article 9(1) of the (S.I. 1983/1120 (N.I. 13)).

Jurisdiction[]

See, formerly, article 9(4) of that Order.

Sentence[]

See article 11(2)(a).

Republic of Ireland[]

The offence of conspiracy to murder is created by section 4 of the Offences against the Person Act 1861.^[3]

Canada[]

Section 465 of the country's Criminal Code makes conspiracy to commit murder an indictable offence, punishable by a maximum term of life imprisonment.^[4]

Australia[]

The law varies between states with the maximum sentence for this offence being 14 years' imprisonment in Queensland and 25 years' imprisonment in New South Wales.^[5]

References[]

^ R v Siracusa, 90 Cr App R 340 at 350, [1989] Crim LR 712, CA
^ The Criminal Law Act 1977, section 3(2)(a)
^ The Irish Statute Book says that has been neither repealed nor otherwise amended.
^ Criminal Code, RSC 1985, c C-46, s 465(1)(a).
^ "Common types of murder charges in Australia". LawAnswers.com.au. 2 May 2016. Retrieved 13 June 2019.

[1] R v Siracusa, 90 Cr App R 340 at 350, [1989] Crim LR 712, CA

[2] The Criminal Law Act 1977, section 3(2)(a)

[3] The Irish Statute Book says that has been neither repealed nor otherwise amended.

[4] Criminal Code, RSC 1985, c C-46, s 465(1)(a).

[5] "Common types of murder charges in Australia". LawAnswers.com.au. 2 May 2016. Retrieved 13 June 2019.

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