Final Exam - Conspiracy 1

Question 1

Define and provide Egs

1. Irrebuttable Presumptions of law
2. Rebuttable Presumptions of law

Answer 1

1. Irrebuttable - cannot be challenged

• Child U10 cannot commit crime
• Every person is persumed to know law

2. Rebuttable - Accepted unless contrary is proven

• Everyone is persumed to be innocent
• Everyone is presumed to be sane until contrary is proven
• b/w 10-14 presumed not to be able to form Mens Rea

Question 2

what are 3 elements for

Conspiracy

s321 CA 1958

Answer 2

1. Accused made an agreement with at least one other to commit the offence
2. Accused intended to make that agreement
3. The parties intended that the offence would be committed

Question 3

Can a husband and wife

be charged for conspiracy

Answer 3

Cannot be charged unless 3rd party involved

(except for treason and murder)

Question 4

Outline the offence of

Conspiracy

Answer 4

• Can be committed even if the offence agreed upon/planned is impossible to commit
• Conspiracy is an I/O
• One can conspire to commit a summary or I/O
• John* - “lets break into a house tonight and steal their car, what do you reckon?”
• James - “Great idea, I’ll grab the machete and meet you at the front”*