Conspiracy to murder
Encyclopedia
Conspiracy to murder is a statutory offence in England and Wales
and Northern Ireland
and the Republic of Ireland
.
.
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 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.
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:
Jurisdiction
See, formerly, article 9(4) of that Order.
Sentence
See article 11(2)(a).
.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
England and Wales
Conspiracy to murder is an offence by virtue of section 1(1) of the Criminal Law Act 1977Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.
Mens rea
Although an intention to cause grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
is sufficient for murder
Murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...
, 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 Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single 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 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 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 BarotDhiren BarotDhiren Barot is a convicted terrorist from the United Kingdom.-Background:...
)
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 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
.