Conspiracy Offences

Conspiracy offences is the general term used to describe offences involving an agreement between two or more persons to carry out a criminal act.

Examples of conspiracy offences include:

  • Conspiracy to murder

  • Conspiracy to handle stolen goods

  • Conspiracy to kidnap

  • Conspiracy to handle stolen goods

  • Conspiracy to money launder 

  • Conspiracy to defraud

  • Conspiracy to commit securities fraud

  • Conspiracy to commit fraud by false representation

  • Conspiracy to commit robbery

  • Conspiracy to Handle Stolen Goods

  • Conspiracy to Commit Perjury

  • Conspiracy to Kidnap

  • Conspiracy to Commit Robbery

With conspiracy offences, the prosecution must provide evidence that there was an intention to carry out the criminal conduct, whether the act was carried out is not necessary. The evidence must show that there was an agreement between two or more persons involving the planning of a criminal conduct.

To be charged of such offences, the prosecution must show there was:

  • An agreement between two or more persons

  • The conduct planned was criminal activity

  • The parties in the agreement intended and had knowledge to carry out the criminal conduct

  • That at least two parties in the agreement intended elements of the criminal activity to be present at the time the offence was planned

The agreement being made between the parties must be shown to be actual, and not simply mental. Meaning that you cannot be charged for a conspiracy offence for simply thinking about committing the offence, as this would be impossible to prove. There must evidence of written or spoken agreements between the parties involved.

Remorse and failed or lack of opportunity is irrelevant when charging persons of conspiracy offences.

 The charges of conspiracy offences will differ from the severity of the criminal conduct being planned, the role the individual played it the offence, the length of time in which the agreements took place, the existence of pressure and intimidation, whether the defendants pleaded guilty, and prior convictions of the defendants.

 The involvement of the individual will be measured on a three-tier scale:

  • High culpability

  • Medium culpability

  • Low culpability