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Conspiracy to Commit Murder

Conspiracy to Commit Murder is an offence under Section 26 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You conspired and agreed to murder any person, or
  2. You solicited, encouraged, persuaded, endeavoured to persuade or proposed to, any other person to commit murder

A ‘conspiracy’ is an agreement between two or more persons to do an act.

The offence carries a ‘standard non parole period’ (SNPP) of 10 years in prison. An SNPP is a guidepost or reference point for the sentencing judge when determining the minimum term you must spend in prison before being eligible to apply for release on parole.

Defences to the charge include:

  1. Self defence
  2. Duress, and
  3. Necessity

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