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Conspiratorial Agreement


The conspiratorial agreement requires both the physical and mental faculties.

The physical element (the actus reus) of conspiracy

  • the agreement between two or more people to put their common design into effect.

The mental intent (the men’s rea) necessary 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.