Conspiracy

Question 1

Conspiracy: Common Law

Answer 1

An [intended] agreement -

1) Between two or more persons –
(At common law, the agreement must be bilateral.)

2) Made with the intent to commit a crime.

(No Overt Acts are Necessary)

Actus Reus = entering into an agreement.

Question 2

If a person enters into an agreement and then withdraws does it still count as a conspiracy?

Answer 2

Yes- the withdrawal would be regarded only as mitigation (R v Gortat and Pirog (1973)).

Question 3

Conspiracy: Mere Presence?

Answer 3

An individual’s mere presence at the scene of the crime, even coupled with knowledge of the crime, is not sufficient to establish his guilt for a conspiracy charge.

Question 4

What classes of people by definition cannot be guilty of a conspiracy?

Answer 4

The intended victim of a crime cannot be guilty.

One of the conspirators cannot be a child under 10 (s 2 of the Criminal Law Act 1977).

Husband and wife cannot be the only two people (they are one in the eyes of the law).

Question 5

What does the fact that conspiracies are indictable only offences mean?

Answer 5

They can only be tried at a Crown Court, and because that is very costly, the CPS only support charges for conspiracy when it is in the public interest.

If substantive offences have been committed, the CPS are likely to charge for these rather than conspiracy UNLESS many people have been involved or the crime that was planned was very serious.