Crimes Act 1914

S 86 repealed by No 24 of 2001, s 3 and Sch 51, effective 15 December 2001. S 86 formerly read:

Conspiracy

(1)
A person who conspires with another person to commit an offence against a law of the Commonwealth punishable by imprisonment for more than 12 months, or by a fine of 200 penalty units or more, is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.

(2)

(Repealed by No 137 of 2000)

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History

S 86(2) repealed by No 137 of 2000, s 3 and Sch 2 item 158, effective 24 May 2001. For transitional provisions see note under s 85J. S 86(2) formerly read:

(2)
Despite subsection (1), if the person conspires with another person to commit an offence against section 29D of this Act, the conspiracy is punishable by a fine not exceeding 2,000 penalty units, or imprisonment for a period not exceeding 20 years, or both.

Note:

Penalty units are defined in section 4AA .

(3)
For the person to be guilty:

(a) the person must have entered into an agreement with one or more other persons; and

(b) the person and at least one other party to the agreement must have intended that an offence would be committed pursuant to the agreement; and

(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

(4)
A person may be found guilty of conspiracy to commit an offence even if:

(a) committing the offence is impossible; or

(b) the only other party to the agreement is a body corporate; or

(c) each other party to the agreement is at least one of the following:

(i) a person who is not criminally responsible;

(ii) a person for whose benefit or protection the offence exists; or

(d) subject to paragraph (5)(a), all other parties to the agreement have been acquitted of the conspiracy.

(5)
A person cannot be found guilty of conspiracy to commit an offence if:

(a) all other parties to the agreement have been acquitted of the conspiracy and a finding of guilt would be inconsistent with their acquittal; or

(b) he or she is a person for whose benefit or protection the offence exists.

(6)
A person cannot be found guilty of conspiracy to commit an offence if, before the commission of an overt act pursuant to the agreement, the person:

(a) withdrew from the agreement; and

(b) took all reasonable steps to prevent the commission of the offence.

(7)
A court may dismiss a charge of conspiracy if it thinks that the interests of justice require it to do so.

(8)
Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.

(9)
Proceedings for an offence of conspiracy must not be commenced without the consent of the Director of Public Prosecutions. However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, an offence of conspiracy before the necessary consent has been given.

(10)
In any law of the Commonwealth:

(a) a reference to paragraph 86(1)(a) of this Act is taken to be a reference to subsection (1) of this section; and

(b) a reference to the application of subsection (1) of this section because of or by virtue of paragraph 86(1)(a) of this Act is taken to be a reference to subsection (1) of this section.

(c) (Repealed by No 137 of 2000)

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History

S 86(10) amended by No 137 of 2000, s 3 and Sch 2 items 159 and 160, by substituting ``of this section.'' for ``of this section; and'' in para (b) and repealing para (c), effective 24 May 2001. For transitional provisions see note under s 85J. Para (c) formerly read:

(c) a reference to section 86A of this Act is taken to be a reference to subsection (2) of this section.