Conspiracy

Question 1

What must be proved?

Answer 1

1. Two or more people were involved;
2. An agreement was made;
3. The agreement was to commit an offence; and
4. At the time of the agreement their intention was to commit the offence.

Question 2

What is the necessary Mens Rea?

Answer 2

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.

Question 3

What is the necessary Actus Reus?

Answer 3

The actus reus of conspiracy is the actual agreement by two or more people to
carry out the illegal conduct. There is no requirement for the conspirators to
actually carry out the illegal conduct on which the agreement is based. If this
were the case it would likely equate to an attempt or the actual commission of
the intended offence.