A person may be charged with conspiracy under s 11.5 of the Criminal Code (Cth) to commit an offence where the fault element of the substantive offence is recklessness. The fault element of conspiracy itself is intention — to enter the agreement and that an offence be committed — but the substantive offence agreed upon may have recklessness as its fault element. Under s 5.4(4), recklessness may be proved by proof of intention, knowledge, or recklessness. In sentencing for money laundering conspiracy, the most important consideration is what the offender did; knowledge of the provenance of the money is relevant but its absence does not significantly mitigate where the offender did not inquire as to the source.
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