Conspiracy

Question 1

Conspiracy

Section and penalty

Answer 1

Section 310(1) Crimes Act 1961

7 years imp

Question 2

Conspiring to commit offence

Crown must prove

Answer 2

1. Two or more people were involved
2. An agreement was made
3. The agreement was to commit an offence
4. At the time of the agreement their intention was to commit the offence

Question 3

Conspiracy is complete when

Answer 3

On the agreement being made with the required intent. No further progression towards the completion of the offence is required.

Question 4

Mulcahy v R

Answer 4

A conspiracy is the agreement of two or more people to do an unlawful act, or to do a lawful act by unlawful means.

Question 5

R v Sanders

Answer 5

Panda’s conspiracy ended - by completion

Conspiracy continues in its operation and existence until it is ended by completion of the offence or abandonment or in any other manner by which agreements are discharged.

Question 6

R v White

Answer 6

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 identity of the other parties is never established and remains unknown.