LO5 Understand the requirements for liability for inchoate offences - AR and MR requirements for Conspiracy
S1 Criminal Law Act 1977
"statutory" conspiracy
common law conspiracy
meaning and requirements of conspiracy to defraud
conspiracy to corrupt public morals
relationship to offences under Fraud Act 2006
R v Anderson (1986)
R v Siracusa (1989)
Yip Chiu-Cheung v R )1994)
R v Saik (2006)
Scott v Metropolitan Police Commissioner (1975)
Wai Yu-tsang v R (1992)
Shaw v DPP (1962)
most conspiracies fall under s1
converting bank notes. Only suspected the money was proceeds of crime knowledge of that fact was required for conviction of conspiracy to commit that offence.
supply wire cutters for someone to escape prison. Payment was received. Conviction upheld.
Agreed to copy films without permission and without payment fees. H of L held conspiracy to defraud and deceit was unnecessary for that offence if the plan involved the use of other dishonest means.
published a ladies directory. Conspiring with the prostitutes to corrupt public morals.
The defendant’s appeal was dismissed. Because the undercover agent had not intended to prevent the heroin being smuggled, but had intended to arrest the defendant and others after the smuggling had occurred, a conspiracy existed.
The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy
"intention to participate was established by his failure to stop the unlawful activity.
only conspiracy left at common law is conspiracy to defraud, conspiracy to corrupt public morals and conspiracy to outrage public decency.
Outraging public decency may well be a criminal offence in itself and therefore covered by statutory form of the offence under s1.
sufficient to put its economic or proprietary rights at risk. Must intend to defraud secondly dishonestly.
retained by s5(3)