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Flashcards in Conspiracy Deck (15):
1

Conspiracy
Section
Act
Penalty
Ingredients

Section: 310(1)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients
1. Conspires
2. with any person
3. to commit an offence

2

Ingredient - definitions and caselaw
Conspires

1. R V Mulcahy
2. The conspiratorial agreement requires....
3. Actus reus
4. Mens Rea
5. R V Sanders

3

Ingredient - definitions and caselaw
with any person

1. Between two or more persons
2. Section 67, Crimes Act 1961
3. R V White
4. Person

4

Ingredient - definitions and caselaw
to commit an offence

1. Offence
2. Churchill V Walton

5

The conspiratorial agreement requires....

The conspiratorial agreement requires the operation of both the physical and the mental faculties

6

Actus reus (Conspiracy)

the actus rea (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.

7

Mens rea (Conspiracy)

The mens rea (mental intent) necessay for a conspiracy is:
- an intention of those involved to agree; and
- an intention that the relevant course of conduct should be pursued by those party to the agreement

8

Between two or more persons

A person cannot conspire alone; there must be another conspirator for an offence to be committed

9

Section 67, Crimes Act 1961

A husband and wife or civil union partners can commit conspiracy

10

Person

proven circumstantially or by judicial notice

11

Offence (Conspiracy)

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories

12

Mulacahy V R

Conspires
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

13

R V Sanders

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

14

R V White

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown

15

Churchill V Walton

The conspirators need not know it is an offence but must know the act is unlawful