Conspiring to Commit Murder NSW

Police officers from the State Crime Command have charged two men over an alleged plot to kill four members of the western Sydney rap group OneFour.

At the end of 2022, the State Crime Command’s Organised Crime Squad established ‘Strike Force Tromperie’ with the NSW Crime Commission to investigate the activities of an international criminal syndicate hailing from Lebanon – known as the Haouchar crime clan.

During this investigation, detectives identified a 26-year-old man, Brandon Masueli, who they allege was coordinating an off-shoot criminal group involved in ‘contract work’ for varied criminal networks to carry out crimes such as murders and kidnappings on their behalf.

It will be alleged that this group were conspiring to murder ‘four high-profile men from Sydney’s north-west on behalf of another network’ who have been identified as members of OneFour namely, Jerome ‘J Emz’ Misa, Pio ‘YP’ Misa, Spencer ‘Spenny’ Magalogo and Dahcell ‘Celly’ Ramos.

On 11 January 2023, strike force detectives executed a search warrant in Cartwright where officers arrested Masueli and charged him with 20 offences including conspiring to murder and conspiring to detain a person in company.

Other charges included firearms offences, drug supply offences, and participating in a criminal group.

Simultaneously in Sadlier in Sydney’s south-west, strike force detectives arrested a 20-year-old man, Yousef Rima, and charged him with conspiring to murder, conspiring to commit armed robbery, drug offence and participating in a criminal group.

It will also be alleged that the group were also linked to a kidnapping in March 2023 and an alleged attempted kidnapping over a 722kg importation of cocaine seized by police in December.

Both men were refused bail to appear at Liverpool Local Court.

Spencer ‘Spenny’ Magalogo responded to the arrests, posting an image on Instagram with Jerome ‘J Emz’ Misa, Dahcell ‘Celly’ Ramos and another, with the song ‘Many Men (Wish Death)’ by 50 Cent.

Search warrants were also executed at homes in Riverstone and Ashcroft where police stated they seized several items relevant to their investigation.

Police have also applied for an arrest warrant for a 22-year-old man in relation to the incident, who is believed to currently be overseas. The 22-year-old, Anthony Pele, is also wanted over another murder which happened in in Greenacre on 27 July 2023.

To date, Strike Force Tromperie has been involved in the arrests of 28 people who have been charged for organised crime related offences and remain before the courts.

Conspiring to Commit Murder

Conspiring to commit murder is an offence contained in the common law, but it is also codified in section 26 of the Crimes Act 1900 (NSW).

This section provides that whosoever conspires and agrees to murder any person, or solicits, encourages, persuades, endeavours to persuade, or proposes to, any person to commit any such murder, faces a maximum penalty of 25 years imprisonment.

There is a 10-year standard non-parole period which is a legislative guidepost to be considered when sentencing offenders.

The offence is considered ‘strictly indictable’ and must be finalised in the NSW Supreme Court.

The crux of the offence is the agreement to engage in a common enterprise to do the unlawful act alleged, namely murder.  Conspiring to murder someone involves an agreement between two or more people to kill another person, and a common example includes the hiring of a ‘hitman’.

Such an agreement does not have to be reached by any formal means, in that there does not have to be something in writing or someone explicitly stating “I agree” for there to be an agreement.

The prosecution may prove that such an agreement existed by the parties’ words or by conduct, with each having the intention to bring about the alleged murder plot.

They will also be required to prove that the accused knew what was proposed as the objective of the agreement and must have intended to carry that objective into effect.

It is not necessary for the prosecution to prove that the agreement was carried into effect.

By Poppy Morandin.

Print