Conspiracy
Definition:
S 1(1) Criminal Law Act 1977 – if a person agrees with another person(s) that a course of
conduct shall be pursued, which if this agreement is carried out in accordance with their
intentions, will amount to an offence (or offences) committed, or will involve the
commission of an offence (or offences), by one (or more) of the persons, then he will be
guilty of conspiracy
Agreement – there must be an agreement to commit a crime, it is not enough that some
people merely talk about the possibility of committing a crime, they must actually agree to
commit it – R v O’Brien
The offence lies in making an agreement, the offence is complete at that stage, it doesn’t
matter if they don’t actually commit the crime – R v Saik
Other person(s) – there must be at least two parties/people – R v McDonnell
Statutory exceptions – (intended) victims can’t be guilty of conspiracy – s 2(1) Criminal Law
Act 1977
There is no conspiracy if the only other party to the agreement is: D’s spouse or civil partner
(s 2(2)(a)), a person under the age of criminal responsibility (10 years old)(s 2(2)(b)), or the
intended victim (s 2(2)(c)) of the agreed offence – s 2(2) Criminal Law Act 1977
The spousal/civil partner exception does not apply where there are other people in the
agreement, as well as the two spouses/civil partners – R v Chrastny
The spousal/civil partner exception only applies to spouses/civil partners, it does not extend
to other relationships (such as boyfriends/girlfriends) – R v Suski
Under the spousal/civil partner exception, the marriage/civil partnership must be valid and
recognised under English law – R v Bala & Bala-Tonglele
In accordance with their intentions – the conspirators must intend to do the substantive
offence; their state of mind must also satisfy the mens rea of the substantive offence – R v
Saik
If D agrees to commit a crime but secretly has no intention of seeing it through, then D may
still be guilty of conspiracy – Anderson
Definition:
S 1(1) Criminal Law Act 1977 – if a person agrees with another person(s) that a course of
conduct shall be pursued, which if this agreement is carried out in accordance with their
intentions, will amount to an offence (or offences) committed, or will involve the
commission of an offence (or offences), by one (or more) of the persons, then he will be
guilty of conspiracy
Agreement – there must be an agreement to commit a crime, it is not enough that some
people merely talk about the possibility of committing a crime, they must actually agree to
commit it – R v O’Brien
The offence lies in making an agreement, the offence is complete at that stage, it doesn’t
matter if they don’t actually commit the crime – R v Saik
Other person(s) – there must be at least two parties/people – R v McDonnell
Statutory exceptions – (intended) victims can’t be guilty of conspiracy – s 2(1) Criminal Law
Act 1977
There is no conspiracy if the only other party to the agreement is: D’s spouse or civil partner
(s 2(2)(a)), a person under the age of criminal responsibility (10 years old)(s 2(2)(b)), or the
intended victim (s 2(2)(c)) of the agreed offence – s 2(2) Criminal Law Act 1977
The spousal/civil partner exception does not apply where there are other people in the
agreement, as well as the two spouses/civil partners – R v Chrastny
The spousal/civil partner exception only applies to spouses/civil partners, it does not extend
to other relationships (such as boyfriends/girlfriends) – R v Suski
Under the spousal/civil partner exception, the marriage/civil partnership must be valid and
recognised under English law – R v Bala & Bala-Tonglele
In accordance with their intentions – the conspirators must intend to do the substantive
offence; their state of mind must also satisfy the mens rea of the substantive offence – R v
Saik
If D agrees to commit a crime but secretly has no intention of seeing it through, then D may
still be guilty of conspiracy – Anderson
