Conspiracy

- section 321 of the Crimes Act

Conspiracy is a rarely charged offence.

It is charged to prove responsibility in relation to individual acts of an offence, generally when an offence is committed by a group of people.

  • 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

  • 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?
This 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.
 
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?”