Conspiracy Flashcards
Mulcahy v R
“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 in itself…”
R v Sanders
The conspiratorial agreement continues in the operation and therefore in existence until it is ended by completion of its performance of abandonment or in any other manner by which agreements are discharged
R v Mohan
Intent involves “a decision to bring about in so far as it lies within the accused’s power, the commission of the offence
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be “firm intent” or a “firm purpose” to effect an act.
R v White
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
What is the section,act and penalty for conspiracy
Section 310(1) CA 61, 7 yrs
List the ingredients of conspiracy
Conspires
With any person
To commit any offence
What must the crown prove in order to secure a conviction for conspiracy
1 Two or more person were involved
2 An agreement was made
3 The agreement was to commit an offence
4 At the time of the agreement their intention was to commit the offence
Complete the following equation found in R v Mulcahy INTENT - ________ = no conspiracy
Agreement
Give an example of omission of failure to act
When a security guard agrees to leave a door open as his place of work so that his friend can enter to commit an offence at that place
When is conspiracy complete
The offence is complete on the agreement being made, with the required intent to carry it out
Can I conspire with person unknown - explain
Yes,
What is the act and section when you conspire with a spouse or partner
Section 67, CA 61
What 3 things support circumstantial evidence
The offenders actions and words
The surrounding circumstances
The nature of the act itself
