This article will explore the concepts of conspiracy and attempt to murder under the Crimes Act 1900. In the shadows of society, there are those who plot and scheme to take the lives of others. They may be motivated by greed, revenge, or simply a desire to see someone dead. Whatever their reason, these individuals pose a serious threat to public safety.
What Is Conspiracy and Attempt to Murder?
A conspiracy to murder is an agreement between two or more people to kill another person. The agreement does not have to be explicit, and it can be inferred from the parties’ actions or words. For instance, if two people are overheard talking about killing someone, this could be enough to establish a conspiracy to murder.
Moreover, an attempt to murder is an act done with the intention of killing another person, but which does not result in death. For example, if someone shoots another person with a gun, but the bullet misses, this could be considered an attempt to murder.
Section 26 to 30 of Crimes Act 1900 outlines the punishment for the crimes of conspiracy and attempt to murder. These offences are punishable by up to 25 years in prison. The penalties are severe because they recognise the potential for the harm these offences can cause.
Conspiracy and Attempt to Murder: Conspiring to Commit Murder (Section 26)
Section 26 of the Act identifies the instances that qualify as a conspiracy to commit murder. It stipulates that a person is conspiring to commit murder when they:
- Conspire and agree to murder any person, whether a subject of Her Majesty or not, and whether within the Queen’s dominions or not, or
- Solicit, encourage, persuade, or endeavour to persuade, or propose to, any person to commit any such murder.
Moreover, section 26 also establishes the liability of a person convicted of this crime which is imprisonment for 25 years.
Conspiracy and Attempt to Murder: Acts Done to the Person With Intent to Murder (Section 27)
When is there intent to murder another person? Section 27 says that there is intent to murder when one:
- administers to, or causes to be taken by, any person any poison or other destructive thing, or
- by any means wounds, or causes grievous bodily harm to any person,
- with intent in any such case to commit murder
Acts Done to Property With Intent to Murder (Section 28)
What about acts done to property? When is there intent to murder another person? This section provides that a person intends to murder any person when one performs the following acts:
- sets fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or
- casts away or destroys any vessel, or
- by the explosion of gunpowder, or other explosive substance, destroys or damages any building, or
- places, or throws, any matter or thing upon or across a railway, or
- removes or displaces any sleeper or other thing belonging to a railway,
- with intent in any such case to commit murder.
Other Attempts to Murder (Sections 29 and 30)
Aside from those acts mentioned in the preceding sections, there are also other acts that constitute as an attempt to murder another person under section 29. These are the following:
- attempts to administer to, or cause to be taken by, any person any poison, or other destructive thing, or
- shoots at, or in any manner attempt to discharge any kind of loaded arms at any person, or
- attempts to drown, suffocate, or strangle any person,
- with intent in any such case to commit murder.
These acts, whether any bodily injury is effected or not, are punishable under the law. Furthermore, section 30 states that any means to attempt to murder another person other than those specified in sections 27 to 29 shall also be punishable under the law.
As to the punishment prescribed by law, sections 26 to 30 establish that the liability of a person convicted of these crimes is imprisonment for 25 years.
Section 31: Documents Containing Threats
In relation to conspiracy and attempt to murder, the act of threatening another person to do such an act is also punishable. Section 31 explains the impact of documents containing threats to kill or inflict bodily harm to another person. It provides that:
- A person who intentionally or recklessly, knowing its contents, sends or delivers, or directly or indirectly causes to be received, any document threatening to kill or inflict bodily harm on any person is liable to imprisonment for ten years.
- It is immaterial for the purposes of an offence under this section whether or not a document sent or delivered is actually received and whether or not the threat contained in a document sent, delivered, or received is communicated to the person concerned or to the recipient or intended recipient of the document (as relevant in the circumstances).
Case Notes on Conspiracy and Attempt to Murder
Given below are some cases that expound on the concept of conspiracy under the Crimes Act 1900.
According to this case, conspiracy is a continuous crime. It lasts for the duration of the agreement or until the police interfere or the agreement’s goal is met. It remains a single conspiracy regardless of who joins or abandons it, as long as at least two people are operating in unison to attain the same unlawful goal at any one time.
Here, the court ruled that an accused may be liable for conspiracies to do the factually impossible. One example of this is a conspiracy to murder a person who is already dead, but such fact is unknown to the conspirators.
The court holds that the conspiracy to murder a witness in pending criminal proceedings was held to fall within the worst-case category. Moreover, offences arising from a desire to interfere with criminal proceedings involve high culpability.
Seek Legal Advice to Know More About Conspiracy and Attempt to Murder
The law on conspiracy and attempt to murder is complex, and several factors are considered when sentencing for these offences. These factors include the following:
- the seriousness of the offence,
- the level of planning and preparation,
- the motive for the offence, and
- the offender’s criminal history.
If you are facing charges of conspiracy or attempt to murder, it is vital to seek legal advice immediately. An experienced criminal lawyer can advise you on your rights and options. Don’t hesitate to contact JB Solicitors for legal advice and assistance. Submit an enquiry here.
