Conspiracy

In Victoria, Conspiracy is found in section 321 of the Crimes Act 1958. It is a criminal offence that is committed by a person who was found to have agreed with another person to pursue a conduct that will involve the commission of an offence by any of the parties to the agreement.

Have you been accused of Conspiracy? One of our experienced defence lawyers can answer your important questions.

Police Interview
People mistakenly believe that if they tell the Police their side of the story that the matter will simply go away. That is not the case at all. A Police interview is not a chance for you to explain your side. The interview is part of the Police investigation. Before going to any interview, you should speak to a lawyer to understand your rights and options.

Pleading Not Guilty
We understand that many allegations are untrue. If you want to fight the charge against you, we can conduct our own investigation and carefully examine the Police brief of evidence. Conspiracy is a complex charge and sometimes the Police miss evidence that helps your defence. We can work to gather all relevant material, while also finding weaknesses in the Police case.

Pleading Guilty
If you want to plead guilty to the charge of Conspiracy, we can work with you to prepare for the best possible outcome. We might be able to negotiate the facts supporting the charge. There is a lot of preparation for a plea hearing, including possible medical reports and character references. We work closely with you to understand your background so we can best present your story to the court in a plea hearing. This preparation helps to achieve the best possible sentence.

Examples of Conspiracy
  • A group of people decide to commit an armed robbery together
  • A group of friends plan to vandalise a building
  • Ten or more people organise an extensive drug trafficking operation
Defences
  • There was no agreement to carry out the offence
  • You did not have any knowledge of the plans to carry out the offence
  • You never intended to carry out the offence
  • The plans for carrying out the offence were different from the actual offence carried out
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • What proves there was an agreement to carry out the offence?
  • What proves your intention that plans would go ahead?
What can you be sentenced to for this charge?
Conspiracy (s321 of the Crimes Act) is a rarely charged offence and therefore reserved for the more serious types of offending.

If you are found guilty of a serious offence, you may serve a prison term.

Legislation
In Victoria, the section that covers the offence is section 321 of the Crimes Act 1958.

The common law offence of conspiracy has been abolished in Victoria by s321F(1) of the Crimes Act.

Federally, section 11.5 of the Criminal Code 1995 (Cth) covers the offence.

What is the legal definition of Conspiracy?
Entering into an agreement with another person to commit an offence and intending that the offence would be committed.

“Were you conspiring?”

Other Important Resources
Case Studies