Conspiracy

Question 1

What must the Crown prove for a conviction of ‘Conspiracy’

Answer 1

1. Two or more persons 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

Question 2

Act and penatly for charge of ‘conspiracy’

Answer 2

S310(1) CA 61

7 years

Question 3

Ingredients for ‘conspiracy’

Answer 3

• That two or more persons must be involved
• An agreement is made;
• The agreement is to commit an offence;
• At the time of the agreement the intention of all parties involved was to commit the offence

Question 4

When is a conspiracy Section 310(1) CA61 complete?

Answer 4

The offence is complete on the agreement being made with the required intent to carry it out.

Question 5

What does ‘R v Sanders’ tell us about conspiracy?

Answer 5

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues to operate and exist until ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 6

How may intent proven in ‘conspiracy’?

Answer 6

• The offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 7

Can a ‘spouse’ be charged with conspiracy?

Answer 7

Yes

S67 CA61

Question 8

If two people conspire to commit an offence and commit the offence afterwards, can they be charged with conspiracy?

Answer 8

No. The conspiracy aspect has ended upon completion of the offence. They should be charged with the relevant offence committed.