1. Conspiracy - Progress test 1

Question 1

Explain the liability of a person who agrees to commit an offence with another person but
then withdraws from the agreement before the completion of the intended offence.

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Answer 1

A person withdrawing from the agreement is still guilty of conspiracy as are those people
who become party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.

Question 2

What was held in the case of R v Mulcahy as it relates to conspiracy?

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Answer 2

A conspiracy consists not merely in the intention of two or more, but in the agreement of two
or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself

Question 3

When is the offence of conspiracy complete?

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Answer 3

The offence is complete on the agreement being made, accompanied by the required intent. It does not require any further progression toward its completion by those involved in the agreement.

Question 4

What five points should be covered when interviewing conspiracy suspects?

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Answer 4

Interview the suspects concerned to establish:
* the existence of an agreement to commit an offence, or
* the existence of an agreement to omit or do something that would amount to an offence,
and
* the intent of those involved in the agreement
* the identity of all people concerned
* whether anything was written, said or done to further the common purpose.