Conspiracy Flashcards
(14 cards)
What is conspiracy?
Conspiracy is not defined in the penal and criminal codes respectively. In MAJEKODUMI V R the court adopted the renowned definition of conspiracy of Willies J in MULCAHY V R as follows
“ A conspiracy consists not merely in the intention of two or more,BUT IN THE AGREEMENT OF TWO OR MORE to do an unlawful act or to do a lawful act by unlawful means.So long as the design rests in the intention only it is not indictable. When two agree to carry it into effect,the very plot in itself is an act punishable…”
What are the types of conspiracy?
There are 2 types of conspiracy
Wheel conspiracy (njoven V state)
Chain conspiracy (State V otu)
In either type it must be proved that the accused has agreed with another guilty person in relation to that single conspiracy. (R v Ardarlan)
Can a husband and wife be guilty of conspiracy?
Yes & No
Where the parties to an agreement are an husband and wife,they cannot be guilty of conspiracy. MAWJI V R.
This position is premised on the notion that a husband and wife are one person and as such it is impossible to conspire with one’s self.
However,a husband and wife will be convicted with conspiracy where a third party is involved,or where the agreement was made before they were married (R V CHRASTNY).
However,section 34cc on conspiracy between husband and wife is removed from the cl of Lagos 2011 and criminal law of edo state 2022
What are the elements or ingredients of conspiracy?
The agreement,unlawful act,
How important is the agreement to conspiracy?
The essence of conspiracy is an agreement between two or more persons to do a prohibited act,thus conspiracy is complete as soon as the parties agree without any further steps NJOVEN V STATE,OKEKE & ANOR V STATE
Where one or more of the parties involved entered into the “agreement” in order to procure incriminating evidence against the defendant who instigated the conspiracy,there is no conspiracy. Is this the case and what case law?
Yes this is true and the relevant case law is STATE V OTU
How is the agreement deciphered by the court?
The agreement may be express or implied,direct or inferred from evidence
SHODIYA V STATE & GBADAMOSI V STATE.
What happens where the agreement cannot be proven?
If the agreement cannot be inferred from the evidence,then there is no conspiracy.
R V AKINSANYA
Conspiracy to commit treason is under?
Section 37(2)
Conspiracy to defile a woman or girl?
Section 227 of the CC
Conspiracy to murder
Section 324
Conspiracy to defraud
Section 422
What is an inchoate offence
Offences concerned with the PREPARATORY stages of other criminal offences are called inchoate offences.
The inchoate offences : ATTEMPT, CONSPIRACY AND INCITEMENT.
Why do inchoate offence exist?
A person may be convicted of an inchoate offence even if the main offence was never actually commited.
The rationale behind this is the attendant injustice and pervasion that would occur if the police could only prosecute only when the crime has been committed,despite prior knowledge of the potential offence and ability to nip it in the bud- it would be ridiculous,for instance,if they knew that a bank robbery was being planned,and had to stand back and wait before it is completed before the robbers can be punished for their offence.
