News · Law reform
NSW's gang-hit laws: aggravated conspiracy and attempt murder.
On 8 September 2026, the NSW Government announced new aggravated offences for conspiracy and attempted murder aimed at contract killings and gang hits, lifting the maximum from 25 years to life imprisonment. The announcement followed two suspected mistaken-identity shootings in Sydney. Here is what those offences require and what the reform changes.
By Aaron Kernaghan · Published 10 September 2026
What was announced.
The Premier announced a package of proposed laws directed at organised-crime violence. The centrepiece for defence practitioners is a new pair of aggravated offences. Conspiracy to murder and attempt to murder, where the conduct is tied to organised crime, will carry a maximum of life imprisonment, up from 25 years. The package also includes urgent restriction orders and an expansion of the offences for which children can be dealt with in the higher courts. Those two features are dealt with in separate notes. This note is about the homicide offences.
The Government has not published the Bill or a commencement date. What follows explains the existing law that the reform sits on top of, because that law still governs every current matter and will still govern the elements of the new offences.
What is conspiracy to murder in NSW?
Conspiracy to murder is an agreement between two or more people to kill, where at least one of them intends the killing be carried out. The agreement is the crime. Nothing has to happen after it. No one has to be hurt, no gun has to be fired, and the plan does not have to work.
The Crown proves conspiracy by proving the agreement and the intention behind it. That is usually done by inference from conduct, from intercepted messages, and from the movements of the people said to be part of the plan. A person can join a conspiracy late, and a person can be a party to it without knowing every other member. The reach of the offence is wide, which is why the defence work is precise. The questions are whether there was an agreement at all, whether this accused was party to it, and whether the necessary intention is proved beyond reasonable doubt.
What must the Crown prove for attempted murder?
Attempted murder in NSW is charged under sections 27 to 30 of the Crimes Act 1900 (NSW). The Crown must prove two things. First, an intention to kill. Nothing less will do. It is a striking feature of the law that murder itself can be made out on a lesser mental state, such as reckless indifference to human life, but an attempt cannot. For an attempt, the intention must be to kill. Second, the Crown must prove an act that is more than merely preparatory, an act immediately connected with carrying out the killing.
The line between preparation and attempt is where these cases are fought. Buying a weapon may be preparation. Lying in wait outside an address with the weapon may be an attempt. The facts decide it. The current maximum for the section 27 to 30 offences is 25 years.
What does the aggravated form change?
On the announcement, the aggravating feature is the link to organised crime. Where the conspiracy or the attempt is connected to organised-crime activity, the maximum rises to life imprisonment. That is the same maximum as murder itself. The message is that the law will treat a planned or attempted contract killing as seriously as a completed one.
A higher maximum does not mean everyone receives the maximum. It resets the top of the range and lifts the whole sentencing exercise with it. Objective seriousness, the role of the accused, and the subjective case still decide the actual sentence. The precise definition of the aggravating element will matter a great deal, and it will be tested once the Bill is published.
Why this matters for people caught up in an investigation.
Conspiracy and attempt cases are built on communications and association. A person can be charged on the strength of messages, phone contact, and presence, without ever having handled a weapon. That is exactly why early advice matters. What looks like a strong circumstantial case can turn on whether the agreement is proved, whether this accused was in it, and whether the intention to kill is there.
If you are contacted by police about a shooting, a plan, or an association with people under investigation, do not answer questions before you have advice. You are not obliged to take part in an interview. For the framework these offences sit within, see our notes on murder and manslaughter and on participating in a criminal group and consorting.
What penalties and sentencing apply.
The current maximum for attempt to murder under sections 27 to 30 is 25 years. A standard non-parole period of 10 years applies to attempt to murder, which guides the middle of the range for an offence in the middle of the range of objective seriousness. Conspiracy to murder already sits at the very top of the scale. The aggravated forms announced this week would lift the maximum to life imprisonment, the same maximum as murder itself, where the conduct is tied to organised crime.
A maximum is a ceiling, not a starting point. The actual sentence is still built from the objective seriousness of what was planned or attempted, the role of the accused in it, and the subjective case, including any plea. A guilty plea entered early attracts a discount for its utilitarian value. Assistance to authorities can reduce a sentence further. What the higher maximum does is reset the top of the range, and every point below the top tends to move up with it. That is why the aggravating element, once the Bill defines it, will be argued hard in these matters.
Frequently asked.
What is conspiracy to murder in NSW?
An agreement between two or more people to kill, where at least one intends the killing be carried out. The agreement is the offence. No one has to be hurt and the plan does not have to succeed. The reform adds an aggravated form carrying life where the conduct is linked to organised crime.
What must the Crown prove for attempted murder?
An intention to kill, plus an act that is more than merely preparatory and immediately connected to carrying out the killing. Recklessness is not enough for an attempt, even though it can be enough for murder itself.
What is the maximum penalty for attempted murder in NSW?
The sections 27 to 30 offences carry 25 years. The announced reform creates an aggravated form for gang-related conduct with a maximum of life imprisonment.
Can you be charged if the hit never happened?
Yes. Conspiracy and attempt are inchoate offences. They punish the agreement or the attempt, not a completed killing. A person can be convicted where no one was harmed.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 10 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.