CONSPIRACY

Question 1

Definition of conspiracy

Answer 1

A conspiracy between two or more people to commit an offence. This necessarily occurs before the principal offence is committed. It comes after the intent to commit the crime, and before the attempt. Therefore, in cases where the crime has not actually been committed, and where there is insufficient evidence to prove an attempt, a charge of conspiracy may be appropriate.

Question 2

What is needed for successful conviction for conspiracy?

Answer 2

For a conviction the crown must prove

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 there intention was to commit the offence

Question 3

Caselaw

Mulcahy v R

Answer 3

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.

Question 4

Caselaw
When a conspiracy ends
R v Sanders

Answer 4

A conspiracy does not end with the making of the agreement. 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.

Question 5

Discuss agreement in conspiracy

Answer 5

1.mens rea (mental intent) is necessary for a conspiracy
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.
2.the actus reus (Physical element) of conspiracy is the agreement between two or more people to put the common design into effect. The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 6

Intent

Caselaw X 2

Answer 6

R v Mohan

R v Waaka

Question 7

Caselaw
Two or more people
R v White

Answer 7

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.

Question 8

Discuss

Completion of conspiracy

Answer 8

The offence is complete on the agreement being made with the required intent to carry it out. No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required.

Question 9

State the section,act, and penalty for conspiracy?

Answer 9

Section 310 (1) CA 1961, 
7 years

Question 10

State the section,act, and penalty for conspiracy?

Answer 10

Section 310 (1), CA 1961, 
7 years

Question 11

circumstantial evidence from which an offenders intent may be inferred can include

Answer 11

The offenders actions and words before,during and after the event
Surrounding circumstances
Nature of the act itself

Question 12

Proofing an offenders intent

Answer 12

Admissions or confessions

Circumstantial evidence

Question 13

Conspiring with spouse or partner

Yes or no?

Answer 13

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.