Conspires Flashcards
Statutory defences
Infancy
Defence of self
Defence of property
Insanity
Compulsion
Chain of Causation
The ‘but for test’. The chain of causation is all about the cause and effect and is sometimes called the ‘but for’ test. A connection between the acts of the defendant and the final consequence must exist, this must be an unbroken chain of events.
What is Conspiracy
S310 CA 1961. It is an agreement between to or more people to commit an offence.
Mulcahy v R
An agreement of two or more people to do an unlawful act. When the two agree to carry it into effect, the very plot is an act itself.
R v Sanders
A conspiracy does not end with the making of the agreement. The agreement is in operation until it is ended by completion or abandonment where agreement is made to discharge the said agreement.
R v Gemmel
The agreement need not to be carried into action, but there must have been an intention that such steps would be taken (mens rea)
R v White
Still convict on conspires, even when the identity of the other party is unknown or never established.
Conspiracy with spouse
A person is capable of conspiring with his or her spouse or civil union partner.