The crime of preparing for or seeking to commit another crime.
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Common Law Conspiracy
To defraud or corrupt public morals/outrage public decency
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Statutory Conspiracy
To commit any other offence
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What statute covers conspiracy?
Criminal Law Act 1977
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What is a conspiracy?
A conspiracy takes place where two or more people come to a firm agreement that they (or, at least one of them) will engage in conduct that amounts to a criminal offence
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When is conspiracy committed?
As soon as an agreement is made, nothing needs to be done in pursuit of agreement
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Who can't you conspire with under s2(2) CLA 1977?
Your Spouse (R v Mawji [1957]), A person under the age of 10 and An intended victim
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Which case covered immunity and acquittal of the other offender?
R v Duguid [1906]
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What forms can agreements take?
Direct Contact and Wheel of Conspiracy
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What case is relevant to the Wheel of Conspiracy?
R v Araldan [1972]
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Is there a need for the accused to take part in the conspiracy?
No, R v Siracusa [1990] held that this was not a requirement
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An agreement must be reached cases?
R v King [1966] and R v O'Brien [1974]
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Cases for agreement needing to be communicated?
R v Scott [1974]
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Cases for it not being essential if they didn't do what was agreed?
R v Barnard [1979] and R v Bolton [1992]
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Case for planning things that might not happen amounting to agreement?
R v Jackson [1985]
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Define "Intention to commit a substantive offence"
A defendant may be guilty of conspiracy even if he does not believe the substantive offence is capable of success
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Case for intention to commit substansive?
R v Anderson [1995]
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Define "conspiracy to defraud"
An agreement to practice a fraud on someone
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Cases for conspiracy to defraud?
R v Wai Yu-tsang [1992] and R v K [2005]
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Define attempt
Activities which precede the commission of the full offence
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Which statute covers attempt?
Criminal Attempts Act 1981
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What does CAA 1981 say about attempt?
If a person does an act which is more than merely preparatory to commission of the offence, he is guilty of attempting to commit the offence
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Key element #1 of attempt?
Offence attempted must be triable on indictment
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Key element #2 of attempt?
D must intend to commit the full offence
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Key element #3 of attempt?
D must reach the stage of an act more than merely preparatory
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Define more than merely preparatory according to Digest of the Criminal Law (1894)
"An act done with intent to commit that crime and forming part oa series of acts which would constitute it's actual commission if it were not interrupted"
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Define impossibility
D agrees to commit an offence which, in reality, cannot be committed if the agreement is carried out as planned
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Mens rea of it all?
Intention to commit the offence
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What is NOT part of the Mens Rea?
Recklessness
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Other cards in this set
Card 2
Front
Common Law Conspiracy
Back
To defraud or corrupt public morals/outrage public decency
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