Section 12 of the Criminal Code (WA) does not confer jurisdiction on Western Australian courts to try a conspiracy offence where the agreement was formed entirely outside Western Australia, even if overt acts in furtherance of the conspiracy occurred within the State, because overt acts are not elements of the offence of conspiracy. Particulars and prosecution opening statements may cure ambiguity in an indictment but cannot contradict its plain terms so as to charge a different offence. The 1996 amendment to s 12 does not address the jurisdictional gap for out-of-State conspiracies targeting Western Australia.
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