Conspiracy

Question 0

Overt act

Answer 0

An open act that may imply criminality; an outward act in pursuit of an intent, design or goal

Question 1

A person is guilty of conspiracy if (1):

Answer 1

1) Two or more people agree to commit a crime

Question 2

A person is guilty of conspiracy if (2):

Answer 2

2) Those mentioned intended to enter into the agreement

Question 3

Mens rea:

Answer 3

“Guilty mind”; intent, motive

Question 4

A person is guilty of conspiracy if (3):

Answer 4

3) At least one of the conspirators commits some overt act that furthers the conspiracy

Question 5

Actus reus

Answer 5

“Guilty act”; physical, criminal act regardless of intent

Question 6

When is a person guilty of conspiracy?

Answer 6

When all the aforementioned points are satisfied

Question 7

A conspirator is guilty of all the acts of his co-conspirators that:

Answer 7

Further the conspiracy and were reasonably foreseeable

Question 8

Does a conspirator have a valid defence if they withdraw from the conspiracy?

Answer 8

No

Question 9

A withdrawn conspirator has a valid defence to the subsequent acts of the conspirators if he does the following (1):

Answer 9

1) Engages in an affirmative act

Question 10

A withdrawn conspirator has a valid defence to the subsequent acts of the conspirators if he does the following (2):

Answer 10

2) notifies the co-conspirators of the withdrawal by means of an affirmative act

Question 11

A withdrawn conspirator has a valid defence to the subsequent acts of the conspirators if he does the following (3):

Answer 11

3) they give the co-conspirators enough time to halt their plans to commit the crime