Conspiracy Case Law Flashcards
MULCAHY v R
A conspiracy consists… In the agreement of two or more to commit an unlawful act.
When they agree to carry the unlawful act into effect, the very plot is an act in its self.
R v GREENFIELD
The essence of conspiracy is an agreement to pursue a course of conduct, which if carried out, would amount to the commission of an offence
R v SANDERS
The conspiratorial agreement continues… 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
“the suspect can still be convicted, even if the identity of the other parties is never established”
R v GEMMELL
“ the offence of conspiracy is in the agreement to commit…
It need not be carried out to fruition…
But there must have been an intention “
R v HUMPHRIES
“ it may be appropriate to include a charge of conspiracy, where are charge of the substantive offence does not adequately represent the total criminality”
