Conspiracy 2

Question 1

Admissibility of evidence - exception to Hearsay

Answer 1

Admissibility of evidence - exception to Hearsay

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved,

this being an exception to the hearsay rule and as such conspirators should be jointly charged.

However, this does not include explanations made after the common purpose is carried out.

Then the explanation is evidence only against the person making it.

Question 2

**Investigative procedures for witnesses- conspiracy.

Answer 2

**Investigative procedures for witnesses- conspiracy.

Interview and obtain statements from witnesses covering:
• The identity of the people present at the time of the agreement.
• With whom the agreement was made.
• What offence was planned.
• Any acts carried out to further the common purpose.

Question 3

**Investigative procedure for suspects - conspiracy

Answer 3

**Investigative procedure for suspects - conspiracy

Interview the people concerned and obtained statements, to establish:

• The existence of an agreement to commit an offence,
OR
• the existence of an agreement to omit to do something that would amount to an offence,
AND
• The intent of those involved in the agreement
• The identity of all people concerned where possible
• whether anything was written, said or done to further the common purpose.

Question 4

(Prosecution - conspiracy charging)

laying both a substantive charge and a related conspiracy charge is often undesirable because:

Answer 4

(Prosecution - conspiracy charging)

laying both a substantive charge and a related conspiracy charge is often undesirable because:

• The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• The judge may disallow the evidence as it will be too prejudicial, i.e the jury may assume that defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
• Where the charge of conspiracy is not founded on evidence or is an abuse of process it may be quashed.
• Severance may be ordered. This means that each charging document may be heard at separate trials.

Question 5

Independent evidence of a conspiracy against co-offender(s)

Answer 5

Independent evidence of a conspiracy against co-offender(s)

There must be independent evidence of the conspiracy for a conspirator’s evidence to be admitted as evidence against his or her co-conspirator(s).