Any crime surrounding the actual killing of (or intention to kill) another human being is a massive deal. But while many of us will be familiar with the more straightforward crimes of murder and even manslaughter, conspiracy to murder is an offence that fewer people will be familiar with.
If you’ve been charged with conspiracy to murder, or even if you believe that you may currently be under investigation, it’s imperative that you take it seriously. It’s one of the most serious crimes you could be found guilty of, and your future hinges on your ability to fight your case.
While introductory articles such as this will provide you with preliminary information on the topic, they are not a substitute for expert legal advice. Reach out to an experienced criminal defence solicitor as soon as possible, so that you can get started on building your defence.
What is a conspiracy to commit murder?
Conspiracy to murder covers two broad offences – murder and conspiracy.
In ‘normal’ murder cases, the offence is defined as a situation when someone of sane mind will unlawfully kill another person, with the intention to kill or at least to seriously harm them. In a murder case, this killing will then take place, and the trial will revolve around proving who killed the victim, and what their intention was.
The main difference in a conspiracy to murder – as with all conspiracy cases – is that the actual killing doesn’t need to have happened for the defendant to be found guilty.
In conspiracy cases, it is enough for the event merely to have been planned out, importantly by at least two people. Intention is key here, and if intent can be proven beyond a reasonable doubt – combined with a high probability that the act of murder would have actually been carried out, the legal ramifications for the defendant can be just as serious as if they’d ‘actually’ committed murder.
How is conspiracy to commit murder proven?
In murder cases, one of the main pieces of evidence that the case will revolve around will be the victim’s body. The scene of the murder will be recreated, and the material actions that led to the death will be thoroughly investigated by both the defence and the prosecution.
Luckily for all parties involved, in a conspiracy to murder case, this piece of evidence will not exist; instead, most of the case will revolve around proving the defendant’s intention to kill.
This can involve a wide range of evidence, from weapons and diary entries, to testimonials from friends and other witnesses with whom the defendant may have discussed their plans. A lot of this evidence will be circumstantial, and it will often require a complicated and sophisticated approach in order to develop an effective legal defence.
Example scenario
An example of a conspiracy to commit murder could be the following. A person wants their parents to be killed so that they can receive their inheritance, so that they can repay debts and live the lifestyle they want to live. Instead of planning to commit the murder themself, they reach out to someone else who they can pay to kill their parents.
They thoroughly plan out how the murder would take place, and arrange to make (or even make) the necessary payments and purchase the weapons. However, before the killing takes place, the plan is discovered by a friend and reported to the police, who arrest the suspected parties. This would be a classical conspiracy case that could very well result in multiple guilty verdicts.
How to fight conspiracy to murder charges
In most cases, your fight against these kinds of charges will take place in two stages – assembling your legal team and then building your defence.
Getting legal support
As soon as you believe that you may be a suspect in a conspiracy to murder case, the very first thing you’ll want to do is reach out for legal advice. Even if there is only a very slim chance that you’re actually charged, it’s imperative that you get advice on what steps to take going forward.
It’s important to look for solicitors who have experience dealing with murder and conspiracy to murder cases in particular. The knowledge that they will have gained from fighting these kinds of cases in the past will be critical when it comes to your own defence.
Building your defence
Once you have brought a team of legal professionals together, you can start building your actual defence. What this actually looks like will depend on your specific case, but will likely involve contesting various pieces of evidence that are presented against you, and arguing that you didn’t actually intend on killing the alleged victim.
Sentencing guidelines
The Sentencing Council do not have a specific set of guidelines that deal with conspiracy to murder, partly because it is not a single, formal criminal offence. However, under the Offences against the Person Act 1861, those found guilty of soliciting or proposing the murder of another individual can face up to life imprisonment.
Unlike with murder cases, however, there is no mandatory minimum sentence of life imprisonment. The actual sentence that someone will receive should they be found guilty will depend on a number of different factors. These include your prior criminal convictions, the amount of harm that actually occurred to the victim, and how likely it was that the plan would have successfully been carried out.
These are all factors that will be established throughout your trial, and will depend on your legal team’s ability to build a convincing defence.
The more time that you and your legal team have to go through all of the events, facts, and pieces of potential evidence surrounding the alleged conspiracy to murder, the better your defence will be.
If you’re looking for further advice specific to your charges or simply need to know more from our team, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also get in touch with our team directly for assistance related to the charges you may be facing.
