A conspiracy under s 321(1) of the Crimes Act 1958 (Vic) can be established where only one of two parties to the agreement is to play any active role in carrying out the offence, provided the other party has a stake in the outcome and has committed to the scheme, thereby conferring authority on the active party to act as agent. Lord Bridge's dictum in R v Anderson requiring each conspirator to intend to play some part in the agreed course of conduct does not represent the law in Victoria. The critical distinction is between mere acquiescence in another's plan (insufficient) and making a joint agreement with a stake in the outcome (sufficient).
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