Conspiracy s.310

Question 1

is a person capable of conspiring with his partner/spouse

Answer 1

yes s.67CA61

Question 2

R v Sanders

Answer 2

a conspiracy does not end with the making of an agreement, the conspiratorial act continues in the operation and therefore in existence until it is ended by completion of its performance, Abandonment or by any other manner in which agreements are disbanded.

Question 3

proving intent

Answer 3

1) actions before, during and afterwards 2) surrounding circumstances 3) nature of the act itself

Question 4

penalty for conspiracy

Answer 4

same as if the full offense up to 7 years max

Question 5

Mulcahy v R

Answer 5

a conspiracy exists not only in the intention of two or more, but in the agreement by two or more to do an unlawful act by unlawful means, so long as a design rests in intention only it is not indictable. when two agree to carry the intended offense into effect the very plot is an offense in itself.

Question 6

What must be proved

Answer 6

1) 2 or more people involved 2) an agreement was made 3) agreement was to commit an offense 4) at the time the agreement was made there was an intention to commit an offense.

Question 7

R v WHITE

Answer 7

Where it can be proved that a suspect conspired with other parties one or more whose identities are unknown. The suspect can still be convicted even if the other parties identities are never being established.

Question 8

When is a conspiracy complete

Answer 8

with the aggreement of two or more people with the intention to commit the offence

Question 9

when does a conspiracy end?

Answer 9

upon the completetion of the offence (R V SANDERS)