Conspiracy

Question 1

What is the act, section and penalty for Conspiracy?

Answer 1

Conspiracy
S310(1) CA61
7 yrs

Question 2

What are the 3 elements?

Answer 2

1- Conspires
2 - with any person
3 - to commit an offence

Question 3

Explain Conspires plus the case law? (R v Mulcahy)

Answer 3

R v Mulcahy
- A conspiracy consists not merely in the intention of 2 or more people but an agreement they do an unlawful act or a lawful act by unlawful means

Question 4

What are the 2 physical and mental elements required?

Answer 4

Actus reus (Physical element)
- Actus reus of conspiracy is the agreement between 2 or more people to put their common design into effect

Mens Rea

• An intention of those involved to agree and
• that the relevant course of conduct should be taken by those party to the agreement.

Question 5

Explain R v SANDERS? When does conspiracy end?

Answer 5

R v SANDERS
- A conspiracy does not end with the making of the agreement. It continues in operation and existence until it is ended by completion of the performance or abandonment by which the agreement is discharged.

Question 6

Explain between 2 or more people?

Answer 6

Between 2 or more people

- A person cannot conspire alone there must be another for an offence to be committed.

Question 7

Explain S67 CA61

Answer 7

S67 CA61

- A husband and wife or civil union partners can commit conspiracy

Question 8

Explain R v White in relation to unknown parties?

Answer 8

R v White
- If a suspect has conspired with other parties and those parties are unknown, that suspect can still be convicted even if the ID of the other parties are never established and remain unknown.

Question 9

Person?

Answer 9

Person

- Gender neutral proven by judicial notice or circumstantial evidence

Question 10

Offence?

Answer 10

Any act or omission that upon conviction is punishable by a term of imprisonment and is divided into 4 categories

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

Question 11

What 4 points need to be covered with “Conspiracy?

Answer 11

• R v Mulcahy
• Actus Rea
• Mens rea
• R v Sanders

Question 12

What 4 points need to be covered for “with any person”

Answer 12

• Between 2 or more persons
• S67 CA61
• R v White
• Person S2 CA61

Question 13

What are all the points that need to be covered?

Answer 13

1- Conspires

• R v Mulcahly
• Actus rea
• Mens rea
• R v Sanders

2- With any person

• 2 or more people
• S67 CA61
• R v White
• Person S2 CA61

3- To commit an offence
-Offence