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6.1.2 - Checklist: Conspiracy to Commit an Offence (Victoria)

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Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused made an agreement with at least one other person to commit an offence (the "principal offence"); and
  2. The accused intended to make that agreement; and
  3. The parties intended that the principal offence would be committed.

    Agreement

1. Did the accused make an agreement with at least one other person to commit the principal offence?

1.1 Did the accused and at least one other person make an agreement to commit certain acts?

If Yes, then go to Question 1.2

If No, then the accused is not guilty of
conspiracy to commit the principal offence

1.2 Under that agreement, was a person supposed to commit the principal offence?

Consider – What are the elements of the principal offence?

If Yes, then go to Question 2

If No, then the accused is not guilty of
conspiracy to commit the principal offence

Intention to Agree

2. At the time the agreement was made, did the accused intend to enter into that agreement?

If Yes, then go to Question 3

If No, then the accused is not guilty of
conspiracy to commit the principal offence

Intention

3. When the parties made the agreement, did they intend that the principal offence would be committed?

If Yes, then the accused is guilty of
conspiracy to commit the principal offence
(as long as you have also answered Yes to questions 1.1, 1.2 and 2)

If No, then the accused is not guilty of
conspiracy to commit the principal offence

 

Last updated: 5 October 2012

See Also

6.1 - Conspiracy to Commit an Offence (Victoria)

6.1.1 - Charge: Conspiracy to Commit an Offence (Victoria)