HSC Legal Studies – Crime Practice Test

Conspiracy is an inchoate crime built on a secret agreement between two or more people to commit an unlawful act. The emphasis is on both the number of participants and the intent to break the law, coupled with the secrecy of the plan. Because the offence lies in the agreement itself, liability can arise even if the unlawful act is never carried out.

A public announcement of an intent to commit a crime doesn’t show a secret agreement among others to act, so it isn’t conspiracy (it could be incitement or another offence). An act that is accidental and unrelated to any intent isn’t conspiracy because there’s no planned criminal purpose. A plan to commit a lawful act isn’t conspiracy since the act contemplated would be legal.