Conspiracy

Question 1

Legislation

Answer 1

Section 310 Crimes Act 1961

Question 2

Meaning

Answer 2

agreement between two or more people to commit an offence. Occurs before the principal offence is committed but after the intent to commit the crime and before an attempt.

Question 3

Crown must prove

Answer 3

1) Two or more people 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 4

Mulcahy v R

Answer 4

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 5

R v Sanders

Answer 5

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 6

R v White

Answer 6

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.