http://insidetime.org/wp-content/uploads/2015/01/May-20121.pdf
Page 43:
Murder: Conspiracy and Joint Enterprise
One Dead; more than one in the Dock
Conspiracy to Murder
The essence of this offence is in the ‘agreement’;
- the agreement to kill – there need not in fact be
a dead body. On the other hand prosecutors
sometimes like to use this charge when there is
more than one person in the dock and all are
alleged to have played a different role in an
unlawful killing. In those circumstances it is
sometimes easier to charge conspiracy to murder
even though there is a body. The authors, for
example, were involved in a gang-land case where
the defendant had been charged with conspiracy
to murder (he was later acquitted) – the murder
victim had been shot by an unknown male who
was with a group of other masked males. The
police made several arrests and tried them all for
conspiracy to murder.
-.-.-.-.-
The intention in a murder charge is an intent to kill
or to cause grievous bodily harm (GBH). The
intention to actually kill must be present in a conspiracy
to murder charge; it is not enough to have
an intention to commit GBH only. However, when
there is an actual death and there is more than
one defendant in the dock the Crown will
sometimes prefer a straight murder charge as the
intention element may be easier for them to prove
than that in a conspiracy charge – i.e. charge
murder on a joint enterprise basis; see below.
Another significant difference is of course the
sentence. We all know that there is only one
sentence for the offence of murder and that is the
mandatory life sentence for adult offenders. That
is not true in conspiracy cases; the sentence is
open – though, depending on the facts, a conspiracy
to murder case may well attract a life sentence.
I just found this, interesting. Maybe that problem will arise?