Sentences for incitement to murder in the upper range of seriousness must be increased to reflect the degree of criminality involved, particularly where the offender initiated the plan, actively participated in its implementation, and the intended victim was a partner or family member. Where the inciter and person incited agree and intend that the victim should be killed, sentences should more closely align with those for conspiracy to murder. The prevalence of family violence and increased community understanding of its consequences are discrete sentencing considerations that support higher sentences. However, Osborn JA's reservations about the adequacy of the case sample and the De Simoni principle may limit the practical reach of this guidance.
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