Conspiracy Investigation

Question 1

Starting a conspiracy Investigation

Answer 1

In a conspiracy investigation, ensure you interview everyone involved.
People are often unfamiliar with the offence of conspiracy and may be more inclined to discuss the planning of offences and thus enable conspiracy charges to be filed where the substantive charge may not be proved.

Question 2

Witnesses

Answer 2

Interview and obtain statements from witnesses covering:

1. The identity of the people present at the time of the agreement
2. With whom the agreement was made
3. What offence was planned
4. Any acts carried out to further the common purpose.

Question 3

Suspects

Answer 3

Interview the people concerned, and obtain statements, to establish:

1. The existence of an agreement to commit an offence, or
2. The existence of an agreement to omit to do something that would amount to an offence, and
3. The intent of those involved in the agreement
4. The identity of all people concerned where possible
5. Whether anything was written, said or done to further the common purpose.

Question 4

Consider search warrants

Answer 4

Also consider the use of electronic communications between the parties concerned as part of their planning, and therefore whether to intercept emails, text messages, telephone calls and messages posted on social media websites.

Electronic interception of communications is a possibility if the circumstances justify such action.

Question 5

Charging

Answer 5

Generally, charges of conspiracy should not be filed in situations where the specific (substantive) offence can be proved.

Although in R v Humphries it was suggested “it may be appropriate to include a charge of conspiracy where a charge of the substantive offence does not adequately represent the total criminality.”

Question 6

Laying both a substantive charge and a related conspiracy charge is often undesirable because

Answer 6

1. The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
2. The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
3. The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
4. Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
5. Severance may be ordered. This means that each charging document may be heard at separate trials.

Question 7

Supervisor approval required

Answer 7

An evaluation of the evidence gathered and supervisor approval should be sought before a conspiracy charge is filed.