Conspiracy

Question 1

Conspires

Answer 1

Mulcahy v R - A conspiracy consists not merely of 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 intention only it is not indictable. When two agree to carry the intended offence into effect, the very plot is an act in itself.

Question 2

When a conspiracy ends

Answer 2

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

Question 3

Two or More - other party not known

Answer 3

R v White - Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identities of the other parties is never established and remains unknown.

Question 4

Intent (defined)

Answer 4

R v Mohan - Intent is the decision to bring about, in so far as it lies within the accused’s powers, the commission of an offence.

Question 5

Intent (requirement)

Answer 5

R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.