The Mens Rea Of Conspiracy Is The Act Of Reaching An Agreement

Posted by admin @ 1:48 am on April 13, 2021

In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some point. [1] In some countries, or for certain conspiracies, the criminal law may require that at least one unreported act be committed in order to promote the agreement in order to commit an offence. There is no limit to the number of people involved in the conspiracy and in most countries does not require that steps have been taken to implement the plan (comparison of attempts to proximity to the full offence). For the purposes of the agreement, the Actus reus is a continuation and the parties may later join the conspiracy and become a shared liability and conspiracy if the co-conspirators have been acquitted or cannot be traced. Finally, the remorse of one or more parties has no influence on liability (unless it occurs in some cases before the parties have committed safety acts), but may reduce their sentence. Section 5 (1) of the Criminal Law Act of 1977 does not affect the offence of the general conspiracy law, if and to the extent that it can be committed by reaching an agreement on conduct that tends to be a corruption of public morality or that revolts public decency, but which does not involve committing or does not result in an offence committed by a single person other than under an agreement. [8] The crime of conspiracy requires an agreement between two or more persons to commit an unlawful act with the intent to execute it. The intention is to commit the crime that constitutes the mens rea necessary for the crime: Yip Chiu-Cheung v R (1994) 99 Cr App R 406 to 410, by Lord Griffiths; R v Wilson (unrep, 12/08/94, NSWCCA). There are cases where a relevant criminal offence may not have been complete, but another offence has nevertheless been committed as a result of acts or arrangements to prepare the material offence. These are called inchotes offences. This offence is not punishable by an indictment, even if the parties have agreed to commit an offence, summarily.

It is not limited to agreements to commit a legal offence (agreements to commit the offence of public use of murder are charged after that offence). Conspiracy is a long-term crime. It covers the duration of the agreement until the police intervene or until the objective of the agreement is reached. All that remains is a conspiracy, no matter who joins or leaves it, as long as there are at least two people at the same time acting in combination to achieve the same criminal objective: R v Masters (1992) 26 NSWLR 450 to 458. Conspirators may be guilty, even if they do not know the identity of the other members of the conspiracy. [25] With respect to the second fact that the Crown must prove – in order for [the accused] to have participated in the agreement, he must have known what had been proposed as the objective of the agreement and had intended to achieve that objective. The Crown must satisfy you beyond a reasonable doubt on these matters. There is no need for the Crown to prove that the agreement came into force, but it is necessary for the Crown to prove that [the accused] intended to implement it. [The accused] must have participated in this joint project with at least one other person.