![]() ![]() The crux of many conspiracy charges is the absence of physical evidence. It must be shown that the defendant agreed to how the crime was to be carried out. A defendant can be acquitted if the Crown cannot confirm that they took action knowing it would enable a conspiracy. Some act that furthers or enables the conspiracy to proceed must also be proven. They only need to demonstrate that the conspiracy involved the accused at some stage of the scheme in order to satisfy a finding of guilt. However, a prosecutor does not have to prove that every member was involved in the execution of the crime or that they were involved for its duration. The Crown needs to show that the parties knew the exact purpose of this common design and that the objective was to commit a crime. In a conspiracy case, the prosecution must prove to the trier of fact beyond a reasonable doubt that the accused had knowledge and intent to become a party to the “common design” of the agreement. ![]() Often the finder of fact will be asked to infer a common intention or objective based on circumstantial evidence, making the Crown’s task even more challenging. These elements can thus be difficult to prove. The law does not require that the agreement be made in writing – it can be verbal or even unspoken. The agreement is the key element of criminal conspiracy cases, and must constitute a common plan with a mutual objective amongst the parties. ![]() In order to make out a criminal conspiracy, there needs to be an agreement formed between two or more parties to commit a Criminal Code offence. Below are some of the most important elements of the offence. In many conspiracy cases the evidence is circumstantial, and for the accused to be found guilty, a number of key elements need to be proven. Criminal conspiracy allegations are often complex. ![]()
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