S310(1) Conspiracy Flashcards
(19 cards)
Conspiracy
Section 310(1) Crimes Act 1961
Conspires
With any person
To commit an offence
When is conspiracy complete?
The offence of conspiracy is complete on the agreement being made with the required intent. Does not need to have discussion or decision of how they will commit the offence. A simple verbal agreement is suffice
What is conspiracy?
An agreement between two or more people to commit an offence
What intent is required to prove a conspiracy charge?
An INTENTION of those involved to agree
An INTENTION that the relevant course of conduct should be pursued by those party to the agreement
An INTENT to commit the offence
Mulcahy V R
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 by unlawful means
Things to cover in a statement with a WITNESS to conspiracy
- The IDENTITY of the people present at the time of the agreement.
- with WHOM the agreement was made
- what OFFENCE was planned
- any ACTS carried out to further the common purpose
R V Sanders
Conspiracy does not end with the making of an agreement. The conspirational agreement continues in operation and therefore existence until it is ended by completion of its performance or abandonment
What are the three elements of conspiracy?
Conspires
With any person
To commit an offence
Things to cover when interviewing a SUSPECT of CONSPIRACY
- the EXISTENCE of an agreement to commit an offence OR
- the EXISTENCE of an agreement to omit something that would amount to an offence
- the INTENT of those INVOLVED in the agreement
- the IDENTITY of all people concerned where possible
- whether anything was WRITTEN, SAID or DONE to further the COMMON PURPOSE
Can you conspires with a spouse or partner?
S67 - guilty of conspiracy with spouse or partner
Conspiracy
Agreement + unlawful act/omission + intent
(Agree + agree to relevant course of conduct)
R V White
Can still convict where you can prove the suspect conspired with other people (one or more) whose identities are unknown.
Intent
An act or omission done deliberately
Mens rea
The offenders mental intent must be to commit full offence
Actus reus
The actual agreement between two or more people to carry out an illegal conduct
Act
To take action or do something to bring about a particular result
Omission
The act of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation
Can a person be charged with conspiracy if they withdraw from an agreement?
A person who later withdraws from the agreement is still guilty of conspiracy
When can you withdraw from a conspiratorial agreement?
You can effectively withdraw from a conspiracy before an agreement is reached but not following the agreement to commit the intended offence
