Being charged with conspiracy to murder in NSW is an extremely serious matter, even if nobody was physically injured and the alleged plan was never carried out. Under NSW law, a person may face criminal charges for agreeing with another person to commit murder or for soliciting, encouraging or persuading someone else to kill another person.
If you are facing a conspiracy to murder charge in NSW, it is important to understand the allegations, the potential penalties and the legal options available to you.
What is conspiracy to murder in NSW?
Conspiracy to murder is an offence under section 26 of the Crimes Act 1900 (NSW). It covers conduct involving an agreement to murder another person, as well as soliciting, encouraging, persuading, attempting to persuade or proposing to another person that they commit murder.
Unlike a murder charge, conspiracy to murder does not require the intended victim to have been killed. The offence concerns the alleged agreement or conduct directed towards arranging or encouraging a killing.
Examples of conduct that may lead to a conspiracy to murder investigation include:
- Allegedly agreeing with another person to kill a particular individual.
- Arranging or attempting to arrange a contract killing.
- Offering payment to another person to murder someone.
- Encouraging or persuading another person to carry out a planned killing.
- Participating in the planning or coordination of an alleged murder plot.
These examples do not automatically establish an offence. The prosecution must prove the relevant elements and establish that the conduct falls within the applicable statutory provision.
What must the prosecution prove?
The prosecution must prove the relevant elements of the offence beyond reasonable doubt. The case will depend on whether the allegation involves an agreement to murder or conduct such as soliciting or encouraging another person to commit murder. The relevant elements include:
- An agreement to commit murder,
- Conduct directed towards encouraging or arranging a murder,
- The alleged plan concerned murder,
- The accused was involved in the alleged conduct
What are the penalties for conspiracy to murder in NSW?
Under section 26 of the Crimes Act 1900 (NSW), conspiracy to murder carries a maximum penalty of 25 years’ imprisonment.
This is a maximum penalty, not an automatic sentence. The outcome in an individual case depends on the facts, the seriousness of the conduct, the offender’s circumstances and the applicable sentencing principles.
A court may consider matters including:
- The nature and seriousness of the alleged plan.
- The accused’s role and level of involvement.
- The extent of planning and preparation.
- Whether the conduct involved payment, threats or other aggravating features.
- The accused’s criminal history and personal circumstances.
- Whether a guilty plea was entered and when.
- Evidence of rehabilitation, remorse and other relevant mitigating factors.
What is aggravated conspiracy to murder in NSW?
The 2026 reforms introduced a separate aggravated offence to address conspiracy to murder connected with organised crime. The new offence is intended to distinguish particularly serious conduct associated with organised criminal activity from the ordinary conspiracy offence.
The legislation identifies factors relevant to whether an offence is linked to organised crime, including whether the conduct involves:
- Two or more people.
- Substantial planning and organisation.
- Systemic or continuing activity.
- An objective of obtaining profit, power or influence.
- Retribution against a person or persons.
These factors are not necessarily exhaustive, and their significance depends on the statutory framework and the facts of the alleged offence.
What defences are available for conspiracy to murder?
The appropriate defence depends on the prosecution case, the available evidence and the circumstances in which the alleged conduct occurred. Possible issues that may arise include the following:
- The alleged agreement did not exist,
- The accused did not intend to participate in a murder plot,
- Mistaken identity or insufficient evidence,
- Withdrawal or abandonment,
- Duress.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about the case, and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
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