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Criminal Liability Inchoate Offences Conspiracy Notes

BCL Law Notes > Criminal Liability Notes

This is an extract of our Criminal Liability Inchoate Offences Conspiracy document, which we sell as part of our Criminal Liability Notes collection written by the top tier of University College Dublin students.

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CONSPIRACY
Rationale:

What a group of people can achieve as opposed to an individual person in relation to the same crime.
But what about the difficulty also?
Escape mainly and inconvenience
The difference between conspiracy and the other two, Is that•

Conspiracy can be attached to mere civil wrongs as well as crimes

Conspiracy is a crime in itself, meaning it renders a civil wrong, a criminal wrong.
2 main features:

1. Agreement - mens rea, actus reus considered

2. The unlawful activity that the conspiracy relates to, the objects or goals of the conspiracy.

STATUTE:
Part 7 of the criminal justice act 2006

Conspiracy to commit a serious offence (carries four years or more)
Just placing some common law on statutory footing.
No definition of conspire
Leaving it to judicial discretion

Criminal Justice Amendment act
➢ Criminalises 'criminal organisations' assisting, directing, and participating in a conspiracy attaching to specific offences.

There is a distinction between criminal organisation conspirers and conspiracies in the sense of a group of people forming a conspiratorial agreement

R v MeyrickDifficult

ACTUS REUS
Mulcahy v The Queen 1868'Agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means'

LRC;

Definition of conspiracy should be codified

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