Pursuant to section 26 of the Crimes Act 1900 (NSW), it is a criminal offence to be involved in a conspiracy to murder. Conspiracy to murder can refer to:
- Conspiring and agreeing to murder any person; or
- Soliciting, encouraging, persuading, endeavouring to persuade, or proposing to any person to commit murder.
The maximum penalty for an offence of conspiring to murder is 25 years imprisonment.
To be found guilty, the prosecution must prove beyond reasonable doubt that:
- There was a conspiracy between two or more persons, one of whom was you; and
- The object of the conspiracy was to murder a person.
If the prosecution fail to prove, beyond reasonable doubt, the above factors then you will not be found guilty of the offence.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defences can be established:
- Duress
- Necessity
- Self-defence
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