Conspiracy Cases

Question 1

R v Gemmell

Answer 1

Facts:
- Conspiracy for robbery
- Tried to withdraw when firearms involved
- But drove on night of offence

Held:
AR and MR requirements for conspiracy;
- AR = agreement to carry a criminal act into effect
- MR - intention to carry a criminal act into effect
MR MUST come prior to the AR

Question 2

R v Harris

Answer 2

Facts:
- Mortgage fraud

Held:
- People can join and leave a conspiracy at various stages

Question 3

R v Richards

Answer 3

Facts:
- Home bake heroin

Held:
- Agreement must be anterior in time to crime contemplated
- Reluctant acceptance over conduct over which someone has no influence over is not an agreement
- Causal link must be present and intended

Question 4

R v Lang

Answer 4

Facts:
- One off drug deal

Held:
- You cannot supply yourself with drugs and be liable for conspiracy
- Overturns this part of Richards

Question 5

R v Johnston

Answer 5

Facts:
- Postage of canabis from the UK

Held:
- Conspiracy “complete” when agreement made
- However, conspiracy has not ended until all agreed steps are completed or abandoned

Question 6

R v Sew Hoy

Answer 6

Facts:
- Importation of mens clothing under womans clothing declaration

Held:
- Distinction between legal and factual impossibility
- No legal impossibility here