CONSPIRACY - Definitions

Question 1

Conspiratorial Agreement

Answer 1

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.