Conspiracy

Question 1

what is a conspiracy

Answer 1

an agreement between 2 or more people to commit an offence

Question 2

what are the elements of the offence of conspiracy

Answer 2

• 2 or more people involved
• an agreement is made
• an agreement was to commit an offence
• at the time of the agreement the intention of all parties involved was to commit the offence

Question 3

Mulcahy v R on conspiracy

Answer 3

A conspiracy consists not merely in the intention of 2 or more but in the agreement of 2 or more to do an unlawful act

Question 4

R v Sanders

Answer 4

R v Sanders - conspiracy ends either at the completion of the intended act or the abandonment of it

Question 5

what is the actus reus for conspiracy

Answer 5

the act of agreeing to commit an offence

Question 6

what is the mens rea (mental intent) for conspiracy

Answer 6

• intention to agree

- intention to commit an unlawful act

Question 7

is there a requirement for the conspirators to carry out the intended unlawful act

Answer 7

No.

Question 8

what are some of the ways you can enter into an agreement

Answer 8

through physical acts, words or gestures that are expressed or implied

Question 9

when is the conspiracy offence complete

Answer 9

when the agreement is made with the required intent

Question 10

can you withdraw from an agreement

Answer 10

yes but only prior to the agreement is made.

Question 11

Conspiring to commit offence - section

Answer 11

section 310 of crimes act 1961