NCJ Number
46540
Date Published
1975
Length
305 pages
Annotation
THIS TEXT PROVIDES THE PRACTITIONER OF CRIMINAL LAW IN CANADA WITH A GUIDE THROUGH THE MAZE SURROUNDING THE CRIME OF CRIMINAL CONSPIRACY.
Abstract
THE CONCEPT OF CONSPIRACY IS EXAMINED, AND ITS HISTORY AS A PROSECUTORIAL CRIME IS DISCUSSED. THE DERIVATION OF AGREEMENT BETWEEN OFFENDERS AS THE FOUNDATION FOR CHARGES OF CONSPIRACY IS REVIEWED, AND PROBLEMS OF DEFINITION AND MENS REA ARE DISCUSSED. THE DEFINITION OF AN UNLAWFUL ACT IS PROVIDED; CONSPIRACIES TO COMMIT A PUBLIC MISCHIEF OR A TORT AND TO CORRUPT PUBLIC MORALS ARE REVIEWED. CERTAINTY IN THE LAW, THE ROLE OF THE JURY, THE RATIONALE OF CRIMINAL CONSPIRACY, JUDICIAL INNOVATION, AND THE APPLICABILITY OF COMMON LAW CONSPIRACY IN CANADA ARE ALSO DISCUSSED. CONSPIRACY BETWEEN HUSBAND AND WIFE, THE RESPONSIBILITY OF COCONSPIRATORS, AND REQUIREMENTS OF CONSISTENCY ARE EXAMINED. CORPORATE CONSPIRACY IS ALSO EXAMINED WITH ATTENTION TO PROBLEMS OF MENS REA AND THE PARTIES TO THE AGREEMENT OF COMMIT AN UNLAWFUL ACT. DOMESTIC JURISDICTIONAL RULES REGARDING CONSPIRACY ARE SUMMARIZED; JURISDICTION OVER AGREEMENTS MADE WITHIN AND OUTSIDE THE TERRITORY IS DETAILED. AN INTRODUCTION TO CONSPIRACY AND THE SUBSTANTIVE OFFENSE IS PROVIDED. MEANS OF OBJECTIONS TO A CASE, SPECIAL MEANS OF OBJECTIONS, AND DUPLICITY AND MULTIPLE CONSPIRACIES ARE DISCUSSED. NOTES ON EVIDENCE IN CONSPIRACY CASES ARE PRESENTED; INFERENCES, CIRCUMSTANTIAL EVIDENCE, AND THE COCONSPIRATOR'S EXCEPTION TO THE HEARSAY RULE ARE DISCUSSED. AN INDEX AND A TABLE OF CASES ARE PROVIDED. (KBL)