Conspiracy

Question 1

For a conviction the crown must prove

Answer 1

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

Question 2

R V MULCAHY

Answer 2

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 an unlawful 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 3

R V SANDERS

Answer 3

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 4

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

Answer 4

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

Question 5

R V WHITE

Answer 5

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 6

Completion of conspiracy

Answer 6

The offence is complete on the agreement being made with the required intent.