Conspiracy Flashcards
What needs to be proved for conspiracy?
What are the elements of the offence?
Two or more people are involved
An agreement is made
The agreement made is to commit an offence and
At the time of the agreement the intention of all parties involved was to commit the offence
For conspiracy, if there is only the intention of two people to commit the offence but no agreement
Is there an offence ?
No. An agreement must be made
R v mulcahy
“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 the 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 ….”
What is the essence of a conspiracy ?
An agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence or involve the commission of an offence by one or more parties involved
Once an agreement has been made an a party withdraws, are they still guilty of conspiracy?
Yes
The actus reus of conspiracy
The actus reus of conspiracy is the actual agreement between two or more people to carry out the illegal conduct.
There is no requirement for the conspirators to actually carry out the illegal conduct on which the agreement is based. If this were the case it would likely equate to an attempt or the actual commission of the intended offence.
The physical acts, words or gestures used by conspirators in making their agreement is what is to be considered the actus reus of a conspiratorial agreement (whether this is an express or implied agreement)
The mens Rea (intent) of conspiracy
The offenders mental intent must be to commit the full offence.
Where this intent does not exist no offence has been committed
When is the offence of conspiracy complete ?
On the agreement being made with the required intent
No further progression towards the completion of the offence not further involvement by the parties involved in the agreement is required
Can you conspire with your spouse?
Yes
Why should conspirators be jointly charged ?
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved , this being an exception to the hearsay rule
Can just one person be prosecuted for conspiracy ?
Can’t find other party, not enough evidence for other party etc
Yes
