Other Criminal Offences – VIC

Welcome to the VIC Conspiracy (common law) article page. Everything you need to know about Conspiracy (common law) according to VIC law.

What the Law States according to VIC Law for Conspiracy (common law)

According to VIC Law for the charge of Conspiracy (common law),

This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

The Maximum Penalty – Conspiracy (common law)

According to VIC Law for the charge of Conspiracy (common law),

As a common law offence there is no maximum penalty. It can be punished by fine or imprisonment or both.

There is no limit to the penalty unless it is inordinate(excessive).

What the Police must prove according to VIC Law for Conspiracy (common law)

1. That the accused entered into an agreement with another person or persons;

2. That the agreement related to the one or more of the parties commiting an offence;

3. That the accused, and at least one other party to the agreement intended that the offence should be committed;

4. That the accused and at least one other party to the agreement intended or believed that when the conduct constituting the offence was to take place, the facts or circumstances necessary to constitute that conduct an offence would exist.

Possible Defences under VIC Law – Conspiracy (common law)

1. Lack of intent
2. Withdrawal
3. Factual dispute
4. Identification

In VIC which court will hear the matter – Conspiracy (common law)

County Court

 

Date: 09/01/2009