Conspiracy (S 310, C.A.1961)

Question 1

Elements

Answer 1

• that 2 or more people must be involved
• an agreement was made
• an agreement was made to commit an offence
• at the time of the agreement, the intention of all parties involved was to commit the offence.

Question 2

MULCAHY V R

A conspiracy consists in the agreement

Answer 2

A conspiracy consists not merely in the intention but in the agreement of 2 or more people to do an unlawful act or to do a lawful act in an unlawful means. When 2 people carry the agreement into effect the very plot is an act in itself.

Question 3

When is conspiracy complete?

Answer 3

The offence is complete on the agreement being made with the required intent.