Inchoate Offences-conspiracy

Conspiracy depends on the agreement itself and does not neccessitate further participation in the commission of the crime.

Johnston: when have done intended/frustrated/abandoned. Thus have jurisdiction even if agreement made overseas. Janis disagrees, ends with agreement.

"A conspiracy consists of an agreement of 2 or more to do an unlawful act, or to do a lawful act by unlawful means, act against act, promise against promise" MR:person must know factually what they have agreed to do, but it is not necessary they know it to be a crime (mistake of law will not be a defence) Agreement which stops shor tof intent to carry through to completition--> dont have intention to put common design into effect is insufficient

Left it open whether can have purley internal conspiracies which have no effect on 3rd parties, e.g. conspiring to supply a drug to herself?

Conspiring with persons unknown- dont have to prove number or identity of co accused.

Hadnt gone beyond negotiation so no agreementm conviction quashed. Sometimes agreement can be inferred due to pursuance of common object, even if havent met.

Honest belief in a state of facts will be a defence: " If on the facts known to them, what they agreed to was lawful, they are not rendered artificially guilty by the presence of other facts"

Must have agreed to do something which in the circ, had they not, would have been of practical consequence

Jail break. UK rejected defence that didnt intend to carry part out as didnt think would succeed, anyone can claim this. However, conspiracy with no intention?

Drugs conspiracy, 1 DEA agent. Still having intention but with an ulterior motive (in this case drug enforcement) did not negate MR for conspiracy

Variation in agreement, cocaine and heroin immaterial (class A drugs)

Cant commit conspire to commit imaginery crimes

Impossible to produce cocaine from substance so agreement could never result in commission, no conspiracy

Distinguished Nock: If agreement couldnt result in crime due to legal/physical imposs, no conspiracy. If imposs due to insufficiency of means, someone unwilling/unable, still guilty of conspiracy.