Association 9

Question 1

Withdrawing from the agreement –Conspiracy

Answer 1

A person withdrawing from the agreement is still guilty of conspiracy as are those 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

When a conspiracy ends – R v Sanders

Answer 2

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 3

Admissibility of evidence

Answer 3

The intention, of the parties involved, to actually carry out the offence is an essential element to a conspiracy charge. There must be a common aim to commit some offence and an intention that the aim is to be effected.
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.
However, this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.

Question 4

Laying both a substantive charge and a related conspiracy charge is often undesirable because:

Answer 4

• 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 accused’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 indictment or information may be heard at separate trials.

Question 5

In each case of attempt, you must prove:

Answer 5

each case of attempt, you must prove:
• The identity of the suspects, and
• That they intended to commit an offence, and
• They did, or omitted to do, something to achieve that end

Question 6

Several acts together may constitute an attempt - Attempts to commit an offence – MC

Answer 6

Several acts together may constitute an attempt. ‘his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.’

Question 7

The following questions should be asked in determining the point at which an act of mere preparation may become an attempt:

Answer 7

• Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
• Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 8

Example of legally impossible act

R v Donnelly

Answer 8

Where stolen property has been returned to the owner or legal title to any such property ha been acquired by an person, it is not an offence to subsequently receive it, even though the receive may know that the property had previously been stolen or dishonestly obtained.

Question 9

Once the acts are sufficiently proximate, the accused has no defense that they:

Answer 9

• Were prevented by some outside agent from doing something that was necessary to complete the offence; eg interruption from police
• Failed to complete the fill offence due to ineptitude, inefficiency or insufficient means, eg insufficient explosive to blow apart a safe
• Were prevented from committing the crime because an intervening event made it physically impossible, eg removal of property before intended theft

Question 10

You are not able to charge someone with an attempt to commit a crime where:

Answer 10

• The criminality depends on recklessness or negligence, eg manslaughter
• An attempt to commit an offence is included within the definition of that offence, eg assault
• The offence is such that the act has to have been completed in order for the offence to exist at all. EG, demanding with menaces; it is the demand accompanied by the menace that constitutes the offence