Where a single conspiracy spans two legislative regimes (the Crimes Act 1914 (Cth) and the Criminal Code 1995 (Cth)), the Crown is not required to prove that a fresh agreement was entered into within the period covered by the count charged under s 135.4(5) of the Criminal Code. The physical element of conspiracy under s 135.4(5) may be constituted by a 'state of affairs' within s 4.1(2) of the Code, namely the continuing existence of the conspiratorial agreement. Section 135.4(9)(a) requires proof of the existence of, or participation in, an agreement — not that the agreement was formed within the relevant statutory period.
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