CONSPIRACY - Ingredients => Definitions Flashcards
Conspires
Conspires
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 by unlawful means”
The conspiratorial agreement requires the operation of both the physical and mental faculties.
The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
The mens rea (mental intent) necessary for a conspiracy is:
an intention of those involved to agree, and
an intention that the relevant course of conduct should be pursued by those party to the agreement.
R V SANDERS
“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”.
RTS
With any person
Person
Proven circumstantially or by judicial notice
Between two or more persons:
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
Section 67 Crimes Act 1961
A husband and wife or civil union partners can commit conspiracy.
R V WHITE
The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
RTS
To commit any offence
Offence – Any act or omission that is punishable on 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.
RTS
