Conspiracy To Commit Murder
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Conspiracy to murder is a
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
offence defined by the intent to commit murder.


England and Wales

The offence of conspiracy to murder was created in statutory law by section 4 of the Offences Against the Person Act 1861 and retained as 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.


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 1861 Act. See now section 1A of the Criminal Law Act 1977.


Sentence

A person guilty of conspiracy to murder is liable to
imprisonment for life Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes fo ...
or for any shorter term. 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 th
Crown Prosecution Service sentencing manual
The following cases are relevant: *R v Khalil and others
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
2 Cr App R (S) 24
R v McNee, Russell and Gunn
007EWCA Crim 1529
008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...
1 Cr App R (S) 24
R v Barot
007EWCA Crim 1119,
008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...
1 Cr App R (S) 31 (see
Dhiren Barot Dhiren Barot (aliases: Bilal, Abu Musa al-Hindi, Abu Eissa al-Hindi, and Issa al-Britani; born 1 December 1971) is a convicted Indian-born British terrorist. Background Barot was born in Baroda, India, into a Hindu family but converted to Isla ...
)


Northern Ireland

Conspiracy to murder is an offence by virtue o
article 9(1)
of the
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
(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.


Canada

Section 465 of the country's ''Criminal Code'' makes
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agre ...
to commit murder an indictable offence, punishable by a maximum term of life imprisonment.


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.


New Zealand

In New Zealand law, the penalty for the offence of conspiracy to murder is up to 10 years imprisonment, which is set out in section 175 of the
Crimes Act 1961 The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by ...
. The intended murder need not happen in New Zealand.


United States

Conspiracy to murder is a defined crime in most jurisdictions in the United States, and normally does not require a murder actually occurring. Federally, it is punishable under Title 18 by up to life imprisonment.


References

{{English criminal law navbox Crimes Conspiracy (criminal) Criminal law of the United Kingdom Canadian criminal law