Conspiracy

Question 1

CONSPIRACY

Section 310(1)
Crimes Act 1961
7 Years

Answer 1

Conspires
With any person
To Commit an offence

Question 2

What are the elements of ‘conspires’?

Answer 2

The conspiratorial agreement requires the element of both mental and physical faculties.

The actus reus is the agreement between two or more people to put their common design into effect.

The mens rea necessary for a conspiracy is:

• An intention of those involve to agree, and
• An intention that the relevant course of conduct should be pursued by those party to the agreement

Question 3

Discuss case law for ‘Conspiracy’.

Answer 3

MULCAHY V R
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 but by unlawful means.

R V SAUNDERS
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.

R V WHITE
A suspect can still be convicted for conspiracy even if the identities of the other parties is never established and remains unknown.

Question 4

To commit an offence means…

Answer 4

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

CHURCHILL V WALTON
The conspirators need not know it is an offence, but must know the act is unlawful.