Conspiracy

Question 0

Lord Bridge in R v Anderson on mens rea of conspiracy

Answer 0

MR of conspiracy is established if

• it is shown that the accused
• when entered into the agreement,
• intended to play some part in the agreed course of conduct
• in furtherance of the criminal purpose
• which the agreed course of conduct was intended to achieve

Question 1

R v Anderson

Answer 1

• The accused was convicted of conspiring with a number of people to help one of them escape jail
• he agreed to supply wire to cut the prison bars but said he never intended the plan to be put into effect and believed that it could not possibly succeed
• conviction upheld as he had agreed that the criminal course of action should be pursued and it was not necessary to prove that he intended the offence be committed

Question 2

R v Siracusa

Answer 2

• participation in a conspiracy is infinitely variable it can active or passive
• no need for prosecution to prove an intention on each accused’s part of carrying out the agreement

Question 3

R v McPhillips

Answer 3

Held that an accused who had joined in a conspiracy to plant a bomb that was timed to explode on the roof of a disco was not held liable for conspiracy to murder because he intended to give a warning in time for the hall to be cleared

Question 4

Yip Chiu Cheung v R

Answer 4

Held that undercover police had the necessary MR for conspiracy when he deliberately carried drugs in order to catch other dealers
- his good motive nor the instruction from superiors was a valid defence

Question 5

MR of conspiracy

Answer 5

Must intend consequence of agreement

Must intend for plan to be carried out by one member of the party to the agreement

Question 6

AR of conspiracy

Answer 6

Agreement
Between the parties
Specified course of conduct

Question 7

S.1 Criminal law act 1977

Answer 7

Guilty of crime of conspiracy - requires at least 2 people