What is the difference between “conspiracy to murder” ?

And murder... 

We also have other charges like conspiracy to rob, conspiracy to cause GBH with intent, conspiracy to cause criminal Damage

A wife and another man is accused of murder and conspiracy to murder.... what difference would they make? 

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7 Answers

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  • Clive
    Lv 7
    4 weeks ago
    Best Answer

    Conspiracy basically means planning, but it's a word you would only use for planning something bad. So you would think of it as secret planning because the last thing you want is for everybody to know about it. Especially the police!

    The existence of conspiracy as an offence enables everybody involved in the planned offence to be prosecuted, not just whoever actually did it. This is especially important if the offender couldn't or wouldn't have committed the offence on their own. And it enables the police to stop it - if they hear about it, they can't arrest you for something you haven't done yet, but they CAN arrest you for conspiracy.

    In English law, just planning something is enough for a conspiracy, whether or not they actually DO anything more than talking about it. (Criminal Law Act 1977 section 1) And the maximum sentence is the same as for actually committing the offence (Criminal Law Act 1977 section 3). You can have conspiracy to do anything illegal, though usually you only see prosecutions for conspiracy to something serious, like murder, GBH or robbery.

    Imagine if a man decides to get a "hitman" to kill his wife. That way he cannot be guilty of murder, but the existence of conspiracy means he won't get away with it. After all, it was his idea, so it would never have happened if he hadn't paid someone else to do it. Therefore he should also be guilty of something, and conspiracy to murder would be the appropriate charge..

    I remember the Muslim gang who planned to take liquid explosive in soft drink bottles on planes and blow them up. The Metropolitan Police kept them under surveillance to gather evidence, and arrested them on the day they planned to do it. (I was flying that day too and there was this sudden new rule about liquids in hand luggage. Now I know why!) So the police prevented them committing any crime, but they could still be tried for conspiracy to cause explosions and conspiracy to murder. If there wasn't an offence of conspiracy, they couldn't have been arrested and the planes would have been blown up. So you can see it's a useful law to have.

    Just out of historical interest, of course the most famous conspiracy ever brought to trial in an English court is the Gunpowder Plot to kill the king by explosion as he opened Parliament in 1605. The plot was foiled but the whole gang were found guilty of high treason. The charge would have been common law conspiracy but in this case, as it was conspiracy to murder the king, and that is specifically mentioned as treason in the Treason Act 1351, the charge had to be high treason instead. And they got the punishment specified in common law at the time - execution by being hanged, drawn and quartered.

    This really belongs under Law & Ethics.

  • James
    Lv 7
    4 weeks ago

    One requires an actual corpse, the other does not.

    • Clive
      Lv 7
      4 weeks agoReport

      You can still have a murder charge if the corpse is never found.

  • 4 weeks ago

    i think conspiracy is planning it and murder is doing it

  • Pearl
    Lv 7
    4 weeks ago

    i think one is planning and the other one is doing it

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  • 4 weeks ago

    Conspiracy involves planning with another person, a secret plan by a group to do something unlawful or harmful.

    Murder, GBH, ect can be done independently and not part of a conspiracy.

  • And murder... We also have other charges like conspiracy to rob, conspiracy to cause GBH with intent, conspiracy to cause criminal Damage A wife and another man is accused of murder and conspiracy to murder.... what difference would they make?

  • 4 weeks ago

    Conspiracy bespeaks close engagement and complicity, ergo more guilt.

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