Conspiracy Flashcards
Ingredients
- Conspires
- with any person
- to commit any offence
Penalty
7 years
Section
310(1) Crimes Act 1961
Conspires
The conspiratorial agreement requires the operation of both the physical and mental faculties.
The actual reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
The mens rea (mental intent) necessary for a conspiracy is:
- an intention of those involved to agree, and
- an intention that the relevant course of conduct should be pursued by those party to the agreement.
Person
Proven circumstantially or by judicial notice
Between two or more persons:
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
Section 67 Crimes Act 1961
A husband and wife or civil union partners can commit conspiracy.
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
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”.
R V SANDERS
“A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in 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”.
R V WHITE
The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
CHURCHILL V WALTON
The conspirators need not know it is an offence, but must know the act is unlawful.
