Conspiracy Flashcards
What is a conspiracy?
CONSPIRACY: The existence of an agreement between two or more persons to commit an unlawful act with the intention of carrying it out.
- EXISTENCE : Proof that there was an agreement by 2 or more people.
- NATURE: Proof is required that the agreement was to commit a particular unlawful act.
- INTENTION TO PARTICIPATE: Proof that at the time the defendant agreed to participant in the act, the defendant intended to so participate.
With regards to a conspiracy, what is the;
1) EXISTENCE + NATURE?
2) INTENTION TO PARTICIPATE?
1) EXISTENCE and NATURE = The actus reus of a conspiracy.
2) INTENTION TO PARTICIPATE = The mens rea of a conspiracy.
How do you prove a conspiracy?
We need to prove the 3 elements (EXISTENCE, NATURE and INTENTION) of a conspiracy based on;
A) Direct evidence - Of the AGREEMENT in the PLANNING STAGE.
(Examples include admissions, informants, covertly recorded conversations and plans.)
B) Circumstantial evidence - Evidence of any act or
conversation during a later stage that infers the earlier AGREEMENT took place - OVERT ACTS.
What are overt acts?
1) Things said and done in preparation for the object of the agreement.
2) The actual commission of the object of the agreement.
What is the co-conspirators rule?
It can be used circumstantially to prove the PARTICIPATION of an accused in the conspiracy.
S87 (1)(c) Evidence Act
The co-conspirators’ rule is an evidentiary rule. Conduct or words used by other members of a conspiracy that implicate the accused as a member of the conspiracy, to be used as evidence that the defendant was a participant in the conspiracy, even if he or she wasn’t present when they were said.
What is Crabbs case?
Crabbs case is the common law precedent test for recklessness in regards to murder.
The High Court of Australia ruled that to be guilty of murder, the defendant can be reckless in that they did the act knowing it was probable (meaning a substantial or real chance) that death or grievous bodily harm would occur as a result of their actions. Not just possible; must be probable or higher.
What’s required to satisfy the co-conspirators rule?
S87 (1)(c) Evidence Act
1) A PRIMA FACIE case; independent of the acts and declarations of the other co-conspirators, that the defendant was a participant.
2) Any OVERT ACTS done by the other co-conspirators in furtherance of the conspiracy are to be regarded as acts done by the accused. (common purpose) even if he wasn’t present when these overt acts occurred
A conspiracy is appropriate when?
- The SUBSTANTIVE offence is not committed, or
- The offence agreed upon as part of the conspiracy was far more SERIOUS than the offence that was committed,
- Only the conspiracy charge reflect the true CRIMINALITY involved .
What are the 6 stages in the Timeline for a Crime?
1) Plan
2) Incitement
3) Conspiracy
4) Attempt
5) Commit offence
6) Conceal offence
What are the 6 explanations for each stage of the Timeline for a Crime? (Not each stage, but their explanations).
1) An individual who merely thinks about committing an offence has not commit a crime as no actus reus has occured. (PLAN)
2) An individual who approaches another and suggests committing an offence may be guilty of common law or statutory incitement. (INCITEMENT)
3) If both parties (2 or more) then agree to commit an unlawful act, in which all intended to participate then they maybe guilty of a conspiracy. (CONSPIRACY)
4) If the individual or other participants in the conspiracy then carry out unlawful acts which are close to committing the crime in its entirety then they or the individual maybe guilty of an attempt. (ATTEMPT)
5) When all elements of the actual offence are committed by the parties (Or an individual) it will move from being an attempt to the commission of the complete crime. (COMMIT OFFENCE)
6) Post even acts may also constitute a crime. (CONCEAL OFFENCE)
