Conspiracy

Question 1

Case law relating to what a conspiracy is

Answer 1

R v Mulcahy
A conspiracy consists of both the intention and an agreement between two or more people to do an unlawful act or a lawful act by unlawful means.
If the act is done with no agreement there has been no conspiracy.

Question 2

Case law that relates to when a conspiracy ends

Answer 2

R v Sanders
A conspiracy does not end with the making of the agreement but rather the conspiracy continues until it is ended by the completion or abandonment of its intended act or in any other manner by which agreements are discharged.

Question 3

Case law that relates to charging an offender

Answer 3

R v White
Where you can prove a suspect conspired with one or more other people whose identities are unknown, that suspect can still be convicted of conspiring even if the other parties are never identified.

Question 4

Conspiracey

Act/section/penalty

Answer 4

Conspircy
S310(1) CA 1961
7+:7
U7: same penalty

Question 5

Defence

Answer 5

If the act or omission is not an offence in the country they intend to do it

Question 6

Proof for conviction

Answer 6

Two or more people involved
an agreement was made
agreement was to commit an offence
at the time of the agreement they had the intention to commit the offence

Question 7

Intent

Answer 7

In a criminal law context there are two specific types of intent, the first being the intention to commit the act and secondly the intention to get a specific result