LEGAL PRINCIPLE: CRIMINAL LAW – Conspiracy – Completion of Offence upon Agreement
PRINCIPLE STATEMENT
The crime of conspiracy is completely committed the moment two or more persons have agreed that they will do certain things at once or at some future time; it is not necessary to complete the offense that anything should be done beyond the agreement.
RATIO DECIDENDI (SOURCE)
"The crime of conspiracy is completely committed the moment two or more have agreed that they will do, at once or at some future time, certain things. It is not necessary in order to complete the offence that any one thing should be done beyond the agreement."
EXPLANATION / SCOPE
Conspiracy is an inchoate (anticipatory) offense complete upon agreement, regardless of whether the agreed actions are carried out. Elements: (1) agreement between two or more persons; (2) to commit a crime or unlawful act. No overt act beyond agreement is necessary (though some jurisdictions require an overt act). The agreement itself is the actus reus; the shared criminal intention is the mens rea. This allows prosecution before substantive crimes are committed, preventing planned crimes. Evidence of conspiracy typically comes from: circumstantial evidence of coordination, communications between conspirators, or conduct showing common purpose. The conspiracy continues until: abandoned, completed, or conspirators are arrested. Each conspirator is liable for the conspiracy and for substantive crimes committed in furtherance of it by co-conspirators. This makes conspiracy a powerful prosecutorial tool against organized crime.