Conspiracy

Question 1

For a conviction the Crown must prove that

Answer 1

1. Two or more ppl involved
2. An agreement was made
3. The agreement was made to commit an offence and
4. At the time of he 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 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 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 or abandonment or in any other manner by which agreements are discharged.

Question 4

Requirement

Answer 4

Conspiratorial agreement requires the operation of both the physical and mental faculties.

Agreement = physical element

Intention to agree + intention for relevant course = mental element

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. No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required