Conspiracy (ingredients and case law)

Question 1

Conspiracy (ingredients)

Answer 1

• an agreement between 2 or more people
• occurs after intent but before attempt
• completed when actus reas (physical agreement or acknowledgement) and mens rea (means to do it with desired specific result and agreed aim of achieving it).
• still guilty of conspiracy if agreement made but withdraws

Question 2

R v Mulcahy

Answer 2

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 intentino only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself.

Question 3

R v White (“Who”)

Answer 3

Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other perties is never established and remains unknown.

Question 4

R v Sanders

Answer 4

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.