Conspiracy Flashcards

1
Q

4 Things you must prove for Conspiring to commit offence

Section 310 Crimes Act 1961

A

1- Two or more people involved
2- An agreement is made
3- The agreement was to commit an offence AND
4- At the time of the agreement their intention was to commit the offence

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2
Q

Omission

A

Deliberately failing to act eg. security guard deliberately failing to lock a door

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3
Q

When is the completion of conspiracy ?

A

The offence is complete on the agreement being made with the required intent

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4
Q

Section 76, Crimes Act 1961

A

Conspiring with spouse or partner - Can be done

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5
Q

Mulcahy V R Case law

A

ont just the intention of 2+ but to have n agreement to commit an unlawful act by unlawful means. Once they agree to carry out the offence the agreement is the act

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6
Q

Can you withdraw from an agreement?

A

No

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