Conspiracy

Question 1

Conspiracy
Section 
Act 
Penalty 
Ingredients

Answer 1

Section: 310(1)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

1. Conspires
2. with any person
3. to commit an offence

Question 2

Ingredient - definitions and caselaw

Conspires

Answer 2

1. R V Mulcahy
2. The conspiratorial agreement requires….
3. Actus reus
4. Mens Rea
5. R V Sanders

Question 3

Ingredient - definitions and caselaw

with any person

Answer 3

1. Between two or more persons
2. Section 67, Crimes Act 1961
3. R V White
4. Person

Question 4

Ingredient - definitions and caselaw

to commit an offence

Answer 4

1. Offence

2. Churchill V Walton

Question 5

The conspiratorial agreement requires….

Answer 5

The conspiratorial agreement requires the operation of both the physical and the mental faculties

Question 6

Actus reus (Conspiracy)

Answer 6

the actus rea (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.

Question 7

Mens rea (Conspiracy)

Answer 7

The mens rea (mental intent) necessay 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 8

Between two or more persons

Answer 8

A person cannot conspire alone; there must be another conspirator for an offence to be committed

Question 9

Section 67, Crimes Act 1961

Answer 9

A husband and wife or civil union partners can commit conspiracy

Question 10

Person

Answer 10

proven circumstantially or by judicial notice

Question 11

Offence (Conspiracy)

Answer 11

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories

Question 12

Mulacahy V R

Answer 12

Conspires
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

Question 13

R V Sanders

Answer 13

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in 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 14

R V White

Answer 14

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties 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 15

Churchill V Walton

Answer 15

The conspirators need not know it is an offence but must know the act is unlawful