1. Conspiracy Flashcards
A person withdrawing from the agreement are they still liable for conspiracy ?
A person withdrawing from an agreement is still of conspiracy as are those people who become party to the agreement AFTER it has been made.
When is conspiracy complete ?
Offence is complete on the agreement being made with the required intent
When conspiracy ends ?
R v Sanders
A conspiracy does not end with the making of the agreement. The agreement continues in existence until it is ended by completion or abandonment
Actus reus for conspiracy and what forms of way to show Actus Reus ?
Actual agreement by two or more people to carry out illegal conduct.
A simple verbal agreement will suffice.
Physical acts, words or gestures used.
Mens Rea ?
Intent must be to commit the full offence
Proving intent by circumstantial evidence
R v Collister
* Offenders words or conduct before, during and after the event
* Nature itself
* surrounding circumstances
Are you still liable of Conspiring with spouse or partner ?
S67 - CA61
Person is capable of conspiring with his or her spouse or civil Union partner or WITH his or her spouse or …. AND any other person
Investigation. What to cover off in witnesses statement ?
Identity of the people present at the time of the agreement
With whom the agreement was made
What offence was planned
Any acts carried out to further the common purpose
When interview a suspect what are should you establish ?
• Existence of an agreement to commit an offence
• Existence of an agreement to omit to do something that would amount to an offence
• Intent of those involved in the agreement
• Identify of all people concerned where possible
• Whether anything was written said or done to further common purpose
