Generals

Question 1

Conspiracy

Answer 1

In agreement between 2 or more people to commit an offence or to do or omit to do anything that would be an offence anywhere in the world.

Question 2

Withdrawing from the agreement

Answer 2

A person withdrawing from the agreement is still guilty of conspiracy as are those who become part to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.

Question 3

Completion of conspiracy

Answer 3

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

Question 4

When a conspiracy ends. R v Sanders.

Answer 4

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore an existence until it has ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 5

The actus reus of conspiracy

Answer 5

The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct.

Question 6

The mens rea (mental intent) necessary for conspiracy

Answer 6

The offenders mental intent must be to commit the full offence where the intent does not exist no crime has been committed.

Question 7

Circumstantial evidence conspiracy

Answer 7

1) the offenders actions and words before during and after the event
2) the surrounding circumstances
3) the nature of the act itself

Question 8

Conspiring with a spouse s67

Answer 8

A person is capable of conspiring with his or her spouse or civil union partner in any other person