Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Conspiracy?
In Victoria, conspiracy under section 321 of the Crimes Act 1958 involves an agreement between two or more people to pursue a course of conduct that will involve the commission of an offence, together with an intention that the offence be carried out.
Key points
- The prosecution must prove an agreement and an intention to commit an offence.
- The offence centres on planning and agreement, rather than completion of the crime.
- Conspiracy is typically charged for serious or organised offending.
Common defences may include Lack of agreement, lack of knowledge, absence of intention, or that the agreed plan did not amount to a settled offence.
Have you been accused of Conspiracy? Our experienced 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 an expert Conspiracy 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 with 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 tendering medical reports and character references. Our specialist Conspiracy lawyers will work closely with you to understand your background so we can best present your story to the court at a plea hearing. This preparation helps to achieve the best possible outcome.
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 plan agreed upon resulted in the commission of a different or undecided offence.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individualised approach and strategy.
Questions in cases like this
- What proves there was an agreement to carry out the offence?
- What proves your intention that the offence will be committed?
What can you be sentenced to for this charge?
Conspiracy (s321 of the Crimes Act) is seldom charged 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.
At the Commonwealth level, the offence is governed by section 11.5 of the Criminal Code Act 1995 (Cth).
Certain offences of conspiracy at common law were abolished in Victoria under s 321F(1) of the Crimes Act 1956 (Vic).
What is the legal definition of Conspiracy?
Entering into an agreement with another person or persons to pursue a course of conduct which will involve the commission of an offence by one or more parties and intending that the offence would be committed.
Were you conspiring?
