Conspiracy Case Law

Question 1

R v Sanders

Answer 1

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

Question 2

R v White

Answer 2

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.

Question 3

Mulcahy v R

Answer 3

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. So long as such a design rests in intention only it is not indictable. When two agree to carry out intended offence into effect, the very plot is an act in itself.

Question 4

R v Gemmell

Answer 4

The essence of the offence of conspiracy is in the agreement to commit a substantive offence. The agreement need not be carried to fruition, but there must be an intention that such steps would be taken