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Conspiracy to Murder in New South Wales

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In New South Wales, engaging in the planning or participation of a murder plot is a grave criminal offence, known as conspiracy to murder. This charge can be levied against individuals who orchestrate or facilitate the murder of another person. This offence is governed by both common law principles and codified in section 26 of the Crimes Act 1900 (NSW).

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The prosecution must demonstrate the following elements beyond a reasonable doubt:

  • That the accused, and at least one other person conspired or entered into an agreement to commit murder; or
  • That the accused solicited, encouraged, proposed, persuaded, or endeavored to persuade at least one other person to commit murder.

Individuals charged with conspiracy to murder have several potential defences, including:

  • Factual Defence: Relying on the fact that the accused did not commit the alleged actions forming the basis of the charge.
  • Duress: Asserting that the offence was committed under duress, meaning that the accused was coerced or threatened into participating in the conspiracy.

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