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What is required for liability for conspiracy?
What is required for liability for conspiracy?
What is the key element of mens rea in conspiracy?
What is the key element of mens rea in conspiracy?
What is the difference between conspiracy and attempt?
What is the difference between conspiracy and attempt?
What is required for an agreement in conspiracy?
What is required for an agreement in conspiracy?
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What happens if the principal offence is not committed?
What happens if the principal offence is not committed?
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What is the requirement for conspiracy proceedings in respect of summary offences?
What is the requirement for conspiracy proceedings in respect of summary offences?
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What is the requirement for a conspiracy to be established?
What is the requirement for a conspiracy to be established?
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What is the intention required for conspiracy according to Anderson?
What is the intention required for conspiracy according to Anderson?
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In a 'wheel' conspiracy, what is the common feature?
In a 'wheel' conspiracy, what is the common feature?
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What is the common law offence that involves an agreement to act in a highly offensive manner?
What is the common law offence that involves an agreement to act in a highly offensive manner?
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What is the outcome in a 'chain' conspiracy?
What is the outcome in a 'chain' conspiracy?
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Under Section 44 of the Serious Crime Act 2007, what is the required intention for committing an offence?
Under Section 44 of the Serious Crime Act 2007, what is the required intention for committing an offence?
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In R v Shillam, what was the court's holding?
In R v Shillam, what was the court's holding?
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What is the difference between Section 44 and Section 45 of the Serious Crime Act 2007?
What is the difference between Section 44 and Section 45 of the Serious Crime Act 2007?
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What is required for an imprecise agreement to be considered a conspiracy?
What is required for an imprecise agreement to be considered a conspiracy?
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Under Section 46 of the Serious Crime Act 2007, what is the required belief?
Under Section 46 of the Serious Crime Act 2007, what is the required belief?
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In R v O'Hadhmaill, what was the court's holding?
In R v O'Hadhmaill, what was the court's holding?
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What is the purpose of Section 47 of the Serious Crime Act 2007?
What is the purpose of Section 47 of the Serious Crime Act 2007?
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What is the requirement for intent in a conspiracy?
What is the requirement for intent in a conspiracy?
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What is the rule in R v Yip Chiu-Cheung?
What is the rule in R v Yip Chiu-Cheung?
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What is the requirement for a party to be liable for conspiracy?
What is the requirement for a party to be liable for conspiracy?
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What is the rule in R v Anderson?
What is the rule in R v Anderson?
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In an offence under section 46(1)(b), what is sufficient to prove?
In an offence under section 46(1)(b), what is sufficient to prove?
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What is the mens rea required for an offence under section 44?
What is the mens rea required for an offence under section 44?
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What is the requirement for ulterior mens rea under section 47(5)(a)?
What is the requirement for ulterior mens rea under section 47(5)(a)?
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What is the defence available under section 50 of the Serious Crime Act 2007?
What is the defence available under section 50 of the Serious Crime Act 2007?
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What is the meaning of 'encouraging' in the context of assisting or encouraging an offence?
What is the meaning of 'encouraging' in the context of assisting or encouraging an offence?
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What is required to be proved under section 47(5)(b) of the Serious Crime Act 2007?
What is required to be proved under section 47(5)(b) of the Serious Crime Act 2007?
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In order to establish conspiracy, it is necessary to prove that the principal offence was committed.
In order to establish conspiracy, it is necessary to prove that the principal offence was committed.
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Conspiracy proceedings in respect of summary offences are not allowed without consent from the DPP.
Conspiracy proceedings in respect of summary offences are not allowed without consent from the DPP.
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The existence of an agreement is not necessary to establish conspiracy.
The existence of an agreement is not necessary to establish conspiracy.
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Conspiracy requires identification of AR and MR elements in the same D.
Conspiracy requires identification of AR and MR elements in the same D.
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For conspiracy, the parties must intend to do the act which is required for the offence, but do not need to know the circumstances within AR.
For conspiracy, the parties must intend to do the act which is required for the offence, but do not need to know the circumstances within AR.
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Conspiracy is tied to the principal offence, like attempt liability.
Conspiracy is tied to the principal offence, like attempt liability.
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According to Anderson, intention to commit the principal offence is required for conspiracy.
According to Anderson, intention to commit the principal offence is required for conspiracy.
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Under Section 44 of the Serious Crime Act 2007, the defendant must believe that the offence will be committed.
Under Section 44 of the Serious Crime Act 2007, the defendant must believe that the offence will be committed.
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Common law conspiracy to corrupt public morals or outrage public decency requires an agreement to act in a highly offensive manner.
Common law conspiracy to corrupt public morals or outrage public decency requires an agreement to act in a highly offensive manner.
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Under Section 45 of the Serious Crime Act 2007, the defendant must intend to encourage or assist the commission of an offence.
Under Section 45 of the Serious Crime Act 2007, the defendant must intend to encourage or assist the commission of an offence.
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Section 47 of the Serious Crime Act 2007 outlines the requirements for each of the assisting or encouraging offences.
Section 47 of the Serious Crime Act 2007 outlines the requirements for each of the assisting or encouraging offences.
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Agreement to dishonestly deprive or interfere with property rights is a type of statutory conspiracy.
Agreement to dishonestly deprive or interfere with property rights is a type of statutory conspiracy.
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A person can only be found guilty of an offence under this part if they were reckless as to whether their act would assist or encourage the principal offender.
A person can only be found guilty of an offence under this part if they were reckless as to whether their act would assist or encourage the principal offender.
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In an offence under section 44, the principal offence does not need to be committed for D to be liable.
In an offence under section 44, the principal offence does not need to be committed for D to be liable.
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D's state of mind is not relevant in determining whether they assisted or encouraged an offence.
D's state of mind is not relevant in determining whether they assisted or encouraged an offence.
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If D reasonably believes that their act will assist or encourage an offence, they cannot be liable.
If D reasonably believes that their act will assist or encourage an offence, they cannot be liable.
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D can only be liable for assisting or encouraging an offence if the principal offender is also liable.
D can only be liable for assisting or encouraging an offence if the principal offender is also liable.
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The defence of 'acting reasonably' is not available for offences under sections 44-46 of the Serious Crime Act 2007.
The defence of 'acting reasonably' is not available for offences under sections 44-46 of the Serious Crime Act 2007.
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Mere preparatory conduct is sufficient to prove conspiracy.
Mere preparatory conduct is sufficient to prove conspiracy.
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In a wheel conspiracy, each person has contact with every other person.
In a wheel conspiracy, each person has contact with every other person.
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A conditional agreement to commit an offence is not sufficient for liability.
A conditional agreement to commit an offence is not sufficient for liability.
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If D2 later changes their mind or has different motives, it would acquit D1 of conspiracy.
If D2 later changes their mind or has different motives, it would acquit D1 of conspiracy.
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Ignorance of the law is a defence to conspiracy.
Ignorance of the law is a defence to conspiracy.
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In a chain conspiracy, each person has contact with every other person.
In a chain conspiracy, each person has contact with every other person.
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An imprecise agreement that lacks sufficient detail to specify an offence is sufficient for conspiracy.
An imprecise agreement that lacks sufficient detail to specify an offence is sufficient for conspiracy.
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A single grand conspiracy can be charged for a network of dealers.
A single grand conspiracy can be charged for a network of dealers.
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Factually impossible plans cannot be a conspiracy.
Factually impossible plans cannot be a conspiracy.
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An agreement to commit an offence that is not a crime is sufficient for conspiracy.
An agreement to commit an offence that is not a crime is sufficient for conspiracy.
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Study Notes
Inchoate Offences: Conspiracy
Conspiracy: Definition and Elements
- Conspiracy is an offence where 2 or more people agree to commit a future offence
- Similarities to attempt: liability is tied to the principal offence, and the principal offence not being committed does not affect liability
- Differences from attempt: conspiracy proceedings can be brought for summary offences with consent from the DPP
- To constitute conspiracy:
- There must be an agreement between 2 or more people
- The agreement must be to pursue a course of conduct that will involve the commission of a crime
- The parties must intend to do the act required for the offence and must intend or know the circumstances within AR exist
Mental Element (MR) in Conspiracy
- Key element of MR is ulterior MR, which is D's commitment to the future principal offence
- Unlike attempts, conspiracy requires identification of AR and MR elements in 2 separate Ds
- AR: agreement - a decision to pursue the criminal course of conduct must have been made (R v Walker)
Common Law Conspiracies
- Conspiracy to defraud: agreement to dishonestly deprive or interfere with property rights or to deceive a public official
- Conspiracy to corrupt public moral or outrage public decency: agreement to act in a highly offensive manner
- Conduct agreed need not amount to an offence in its own right
Assisting or Encouraging Offences: Serious Crime Act 2007 (s44-46)
- Three offences of encouraging or assisting crime:
- S44: assisting or encouraging with intent to assist
- S45: assisting or encouraging believing the offence will be committed
- S46: assisting or encouraging believing one or more of a number of offences will be committed
- S47 clarifies the requirements for each offence, including ulterior MR
Defences
- Being reasonable (SCA 2007, s50): where circumstances exist that make the conduct reasonable, or D reasonably believes such circumstances exist
- Intention to commit principal offence is not required for conspiracy, but D must intend to play a role towards that principal offence (Anderson)### Proving an Offence under SCA 2007
- To prove an offence under this part, it is sufficient to prove that the defendant believed:
- One or more of a number of acts would be done, which would amount to the commission of one or more of the offences.
- Their act would encourage or assist in doing one or more of those acts.
SCA 2007, s47(5)
- If the offence is one requiring proof of fault, it must be proved that:
- The defendant believed that, were the act to be done, it would be done with fault.
- The defendant was reckless as to whether or not it would be done with that fault.
- The defendant's state of mind was such that, were they to do it, it would be done with that fault.
- If the offence is one requiring proof of particular circumstances or consequences, or both, it must be proved that:
- The defendant believed that, were the act to be done, it would be done in those circumstances or with those consequences.
- The defendant was reckless as to whether or not it would be done in those circumstances or with those consequences.
Assisting or Encouraging (s44-46)
- These central terms are not defined in SCA 2007.
- Encouraging means inciting, convincing, emboldening, persuading, or threatening someone to commit an offence.
- Assisting means helping by whatever means, and need only be capable of assisting, not necessarily making use of the assistance.
- In both cases, the principal offence does not need to be committed for the defendant to be liable for assisting or encouraging the offence.
Mens Rea (MR) as to D's Own Conduct
- In each offence, the defendant requires MR as to whether their act will assist or encourage the conduct element of the principal offence.
- The requirement for each offence is different:
- S44: requires INTENT that the act will assist or encourage (most serious of the three sections).
- S45, S46: requires BELIEF that the act will assist or encourage.
Ulterior MR
- S47(5) provides the requirements for the ulterior MR:
- As to the fault of the principal offender (P).
- As to the circumstances or consequences of the principal offence.
- Ulterior MR as to principal offender's faults:
- Belief or recklessness as to P's MR for the principal offence.
- Or D has the principal MR themselves (covers cases of innocent agent).
- Ulterior MR as to the principal circumstances or consequences:
- Belief or recklessness.
Defence: Acting Reasonably
- SCA 2007, s50 provides a specific defence of 'acting reasonably'.
- Where circumstances exist that make the conduct reasonable, or D reasonably believes such circumstances exist.
Conspiracy
- Mere agreement is sufficient, do not need preparatory conduct.
- Don't need to identify D2, as long as there is evidence of agreement.
- Wheel and chain conspiracies do not require everyone to have contact, but must show intentional (knowing) agreement to a common course of action.
- Excluded parties: spouses/civil partners, under 10s, principal vs AR.
- Imprecise agreements: must be sufficient detail to specify an offence.
- Conditional agreements: a conditional agreement to commit an offence is sufficient for liability.
- Impossible agreements: factually impossible plans can still be a conspiracy.
- Ulterior MR: intent to commit, must be at least two Ds who hold the intent at the time of the agreement.
- Intent or knowledge must exist with respect to all elements of the principal offence.
- Ignorance of the law is no defence.
- S1(2) of the act rules out a Kahn-like interpretation of principal circumstances MR.
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Description
Test your understanding of inchoate offences, specifically conspiracy under the Criminal Law Act 1977. This quiz covers the basics of agreements and courses of conduct that amount to offences. Review the legal aspects of conspiracy and its implications.
