What Happens If You’re Charged with Conspiracy to Commit a Crime in NSW?

Being accused of “conspiracy” can feel confusing and unfair — especially if the alleged offence never even occurred.

In New South Wales, however, conspiracy is a serious criminal offence. The law punishes the agreement and intention to commit a crime, not just the act itself.

At LY Lawyers, we regularly defend clients charged with conspiracy, including conspiracy to commit murder, robbery, drug importation, and fraud. Below, we explain what the charge means, how it’s proven, the penalties involved, and what you should do if you’ve been accused.

What Does “Conspiracy” Mean in NSW?

Under NSW law, a conspiracy occurs when two or more people agree to commit a criminal offence and intend that the offence will actually be carried out.

Even if the crime is never completed, the act of forming and advancing that agreement can amount to a criminal offence in itself.

Conspiracy is recognised both under common law (judge-made law) and in several specific statutory offences such as conspiracy to murder under the Crimes Act 1900 (NSW) and conspiracy to supply prohibited drugs under the Drug Misuse and Trafficking Act 1985 (NSW).

It is considered a continuing offence — meaning it begins when the agreement is made and continues until it is either abandoned or executed.

Elements the Prosecution Must Prove

To secure a conviction for conspiracy in NSW, the prosecution must establish beyond reasonable doubt that:

1. There was an agreement between at least two people to commit a specific criminal offence.
2. Each person intended that the offence would be carried out.
3. At least one overt act was done in furtherance of the agreement.

The “overt act” requirement was clarified by the High Court in R v LK & RK (2010) 241 CLR 177, confirming that the Crown must prove some concrete steps taken to advance the criminal plan.

The Judicial Commission of NSW – Sentencing Bench Book: Conspiracy explains that conspiracy requires an agreement, intention to carry out the offence, and proof of an overt act done by at least one conspirator.

What Counts as a Conspiracy?

Conspiracy charges can arise in many contexts, including:

• Armed robbery: Two people plan a hold-up and one sources a weapon or getaway car.
• Drug importation or supply: A group agrees to import or distribute prohibited drugs.
• Fraud or deception: Individuals plan to obtain money or information dishonestly.
• Cybercrime: Conspirators agree to hack, steal data, or deploy malware.

Courts look at the content and reality of the agreement — not just casual conversation or idle talk. Planning, coordination, or taking preparatory steps are key indicators that an actual conspiracy existed.

Is Conspiracy a Crime Even If Nothing Happens?

Yes. You can be charged with conspiracy even if the planned offence was never carried out.

The crime lies in the agreement itself, not in the outcome. Once there is proof of an agreement and an intention that the crime be committed, the offence is complete.

This makes conspiracy distinct from other inchoate offences such as “attempt” or “aiding and abetting,” which require physical acts or actual assistance in the offence.

Statutory Conspiracy Offences in NSW

1. Conspiracy to Murder — Crimes Act 1900 (NSW) s 26

• Definition: Conspiring or agreeing with another person to murder a third person, or soliciting or encouraging someone to do so.
• Penalty: Up to 25 years’ imprisonment, with a standard non-parole period (SNPP) of 10 years.

2. Drug Conspiracy — Drug Misuse and Trafficking Act 1985 (NSW) s 26

• Definition: Conspiring to commit any offence under the Act, such as supply, manufacture, or importation.
• Penalty: The same maximum penalty as the substantive drug offence (e.g., life imprisonment for large-scale supply).

3. Commonwealth Conspiracy — Criminal Code (Cth) s 11.5

• Definition: Agreement between two or more persons to commit a Commonwealth offence, plus intention and an overt act.
• Penalty: Punished as if the substantive offence had been committed.

Penalties for Conspiracy Offences

The penalty for conspiracy depends on the offence that was planned.

 

Offence Type	Relevant Law	Maximum Penalty
Conspiracy to murder	Crimes Act 1900 (NSW) s 26	25 years
Conspiracy to commit armed robbery	Common law / Crimes Act	Up to 20 years
Drug conspiracy	Drug Misuse and Trafficking Act 1985 (NSW) s 26	Same as substantive offence
Commonwealth conspiracy	Criminal Code (Cth) s 11.5	Same as substantive offence

 

For common law conspiracies (not defined in statute), there is no fixed maximum — the court sentences “at large,” but the penalty generally does not exceed the maximum for the underlying offence.

Sentencing depends on:

• The seriousness and object of the conspiracy.
• Each defendant’s role and level of participation.
• The duration and planning involved.
• Whether the conspiracy was abandoned or interrupted before completion.

How Do Prosecutors Prove a Conspiracy?

Investigators often rely on:

• Electronic communications: text messages, emails, or encrypted app data.
• Financial or surveillance evidence: demonstrating coordination or funding.
• Statements or admissions: during police interviews or conversations.
• Acts in furtherance: any step taken to advance the plan.

Because conspiracy involves mental intention and agreement, circumstantial evidence is common. The Crown must show there was a genuine “meeting of minds” and not merely parallel conduct or loose discussion.

Defences to Conspiracy Charges

A range of legal defences may apply:

• No actual agreement: Friendly discussion or joking about a crime does not equal conspiracy.
• No shared intention: The accused did not seriously intend for the offence to occur.
• Withdrawal: The accused withdrew from the plan and took steps to prevent the offence.
• Duress or coercion: The agreement was made under threat or compulsion.
• Lack of knowledge: The accused did not understand the essential facts or unlawful purpose.
• Procedural or evidentiary flaws: Weaknesses in digital evidence, identification, or interpretation of communications.

Each case depends on its facts. A skilled criminal defence lawyer can challenge the alleged agreement, the reliability of evidence, or the admissibility of covert recordings.

Conspiracy vs Attempt vs Accessory

Understanding the distinction between related offences is crucial:

Concept	Definition	Stage of Criminal Conduct
Conspiracy	Agreement + intent (and sometimes an overt act) to commit an offence.	Before the crime — planning stage.
Attempt	Doing an act that is more than merely preparatory to the offence.	During the attempt — offence not completed.
Accessory	Assisting, encouraging, or concealing a crime either before or after it occurs.	Before or after the offence — not necessarily a conspirator.

 

What Happens After You’re Charged?

1. Arrest or Summons

Police may arrest you directly or issue a court attendance notice. Conspiracy charges are almost always indictable, meaning they proceed to the District Court or Supreme Court.

2. Bail Application

Conspiracy offences, especially those involving drugs or violence, often trigger show cause bail requirements. Immediate legal representation can make a significant difference at this stage.

3. Evidence Gathering

The prosecution must disclose communications, witness statements, surveillance, and forensic material. Your lawyer can request additional disclosure and examine how the evidence was obtained.

4. Case Conference or Trial

Most conspiracy cases involve multiple co-accused. Plea negotiations may occur, or your lawyer may contest the evidence at trial before a judge and jury.

How LY Lawyers Can Help

At LY Lawyers, we have over two decades of experience defending serious criminal matters — including conspiracy, organised crime, and complex joint enterprise prosecutions.

We provide:

• Expert case analysis of digital and circumstantial evidence.
• Strategic defence planning to challenge intent, agreement, and participation.
• Experienced courtroom advocacy across all NSW jurisdictions.
• Negotiation and bail support to minimise pre-trial custody and stress.

Our team has successfully defended clients in high-profile conspiracy matters, including drug trafficking, armed robbery, and fraud conspiracies, securing acquittals and significant charge reductions.

FAQs

1. Can I be guilty of conspiracy even if the crime didn’t happen?

Yes. Conspiracy focuses on the agreement and intention, not the outcome.

2. How many people are needed for a conspiracy?

At least two. The agreement must involve more than one person acting together.

3. What is an “overt act”?

Any act by one conspirator that advances the agreed plan — such as sourcing materials, scouting locations, or arranging logistics.

4. Is conspiracy less serious than the actual crime?

Not necessarily. Courts treat conspiracy as inherently serious because of the added danger of group planning.

5. Can I be convicted if I change my mind?

If you effectively withdraw before any overt act occurs and communicate that withdrawal, it may be a defence.

6. What’s the penalty for conspiracy to murder?

25 years’ imprisonment, with a standard non-parole period of 10 years.

Conclusion

Being charged with conspiracy to commit a crime in NSW is extremely serious. Even if nothing was carried out, the prosecution only needs to prove there was a real agreement and intent to commit an offence.

Because conspiracy cases often involve covert recordings, digital evidence, and complex joint liability, early advice from a specialist criminal lawyer is critical.

📞 Contact LY Lawyers today for expert legal advice and strong representation in conspiracy matters. We’ll protect your rights and help you achieve the best possible outcome.