Consirarcy

Question 1

For a conviction the Crown must prove that:

Answer 1

1. Two or more people were involved
2. An agreement as made
3. The agreement was to commit an offence
4. At the time of the agreement their intention was to commit the offence.

Question 2

Mulcahy v R (intention)

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 itself.

Question 3

R v Sanders

Answer 3

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in the 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 4

R v white

Answer 4

Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that the suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 5

When is the offence complete?

Answer 5

The offence is complete on the agreement being made with the required intent. No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required.

Question 6

Act, section, penalty

Answer 6

S 310 CA 1961

7 years imp if the offence offence exceeds 7 years imp, and in any other case is lower to the same punishment.

Question 7

S67 CA 1961 conspiring with spouse or partner

Answer 7

A person is capable of conspiring with his or her spouse or civil union partner and any other person (not in accesory after the fact)