6.2.2 - Checklist: Conspiracy (Commonwealth)

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused conspired with another person to commit [the offence]; and

2. The accused intended to conspire with that person to commit [the offence]; and

3. The parties committed an overt act to advance the agreement.

Conspiracy

1. Did the accused conspire with another person to commit [the offence]?

1.1 Did the accused and at least one other person make an agreement?

If Yes, then go to Question 1.2

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

1.2 Was that agreement an agreement to commit [the offence]?

If Yes, then go to Question 1.3

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

1.3 Did the accused and a party to the agreement intend that [the offence] be committed?

Consider – What are the elements of the [the offence]?

If Yes, then go to Question 2

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

An Overt Act

3. Has a party to the agreement committed an overt act to advance the agreement?

If Yes, then the accused is guilty of conspiracy to commit [the offence] (as long as you have also answered Yes to questions 1.1, 1.2, 1.3 and 2)

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

Last updated: 5 October 2016

See Also

6.2 - Conspiracy (Commonwealth)

6.2.1 - Charge: Conspiracy (Commonwealth)