Conspiracy

Question 0

Explain the co-conspirators rule.

Bonus points - Section and Act

Answer 0

The Co-Conspirators Rule is essential used to prove the participation of an accused in the conspiracy.

The rule may permit the conduct or words used by other persons involved in the conspiracy, that implicate the accused within it, to be used to prove the accused was the participant, even if they were not present when it was said.

Question 1

What are the elements of Conspiracy?

Answer 1

EXISTENCE - we need to proof that there was an agreement by 2 or MORE PEOPLE

NATURE - proof that the agreement was to commit particular UNLAWFUL

INTENTION TO PARTICIPATE - at the time the defendant agreed to PARTICIPATE in act, and defendant intended to so participate.

Question 2

What do we need to do to prove Conspiracy?

Answer 2

1. Need Prima Facie - that the defendant was a participant in the conspiracy. Must be independent of other persons acts or declarations.
2. An overt act done by other co-conspirators were in furtherance of the conspiracy are regarded as acts done by the accused (common purpose) even if he was not present at the time.