DEVELOPMENTS IN THE LAW OF CRIMINAL CONSPIRACY
AbstractThis article reviews the origins of criminal conspiracy in order to trace developments, comment on improvements and reveal problems with interpretation. In particular, it reviews the case law interpreting the definition of “agreement” and focuses on the problems associated with inconsistent verdicts for co-accused. The author believes the law should recognize and affirm the principle that where only two are tried together, both must be acquitted or convicted together. In this connection, he considers the appropriate interpretation of “unlawful practice” and attempts to determine whether an agreement to commit a non-criminal offence may render the act criminal based on the conspiracy. While it is clear that an offence must at least be prohibited, there is no clear answer on whether it must be criminal. The author recommends legislation to clarify this position.
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