Conspiracy to murder

Main article: Conspiracy (crime)

Conspiracy to murder is a statutory offence in England and Wales and Northern Ireland and the Republic of Ireland. The same offence is also covered under the Canadian Criminal Code.

England and Wales

Conspiracy to murder is 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.^[1]

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 Offences against the Person Act 1861.

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

Sentence

A person guilty of conspiracy to murder is liable to imprisonment for life or for any shorter term.^[2]

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 the Crown Prosecution Service sentencing manual.

The following cases are relevant:

R v Khalil and others [2004] 2 Cr App R (S) 24
R v McNee, Russell and Gunn [2007] EWCA Crim 1529 [2008] 1 Cr App R (S) 24
R v Barot [2007] EWCA Crim 1119, [2008] 1 Cr App R (S) 31 (see Dhiren Barot)

Northern Ireland

Conspiracy to murder is an offence by virtue of article 9(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (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.^[3]

Canada

Section 465 of the country's Criminal Code makes conspiracy to commit murder an indictable offence, punishable by a maximum term of life imprisonment.^[4]

References

↑ R v Siracusa, 90 Cr App R 340 at 350, [1989] Crim LR 712, CA
↑ The Criminal Law Act 1977, section 3(2)(a)
↑ The Irish Statute Book says that has been neither repealed nor otherwise amended.
↑ Criminal Code, RSC 1985, c C-46, s 465(1)(a).

English criminal law

Classes of crimes	Common law Indictable Either way Summary Regulatory Lesser included

Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat

Inchoate offences	Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose

Defences	Self-defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences

Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences against the Person Act 1861

Sexual offences	Rape Sexual assault Sexual Offences Act 2003

Public order offences	Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a Disorderly house Preventing the lawful burial of a body Breach of the Peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Malfeasance in public office Abuse of authority Perjury of oath Dereliction of duty

Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail

Forgery, personation and cheating	Forgery Cheating the public revenue Uttering

Offences against justice	Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprison of treason Misprision of felony Compounding a felony Jury_tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstructing justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner

Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure

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