1. Conspiracy - Prosecution

Question 1

Generally, charges of conspiracy should not be filed in situations where the specific (substantive) offence can be proved. What was suggested in R v Humphries?

Answer 1

Although in R v Humphries it was suggested “it may be appropriate to include a charge of conspiracy where a charge of the substantive offence does not adequately represent the total criminality.”

Question 2

why is it undesirable to lay botha substantive charge and a related conspiracy charge?

Must Know

Answer 2

• The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
• Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
• Severance may be ordered. This means that each charging document may be heard at separate trials.