For conspiracy offences under ss 307.11 and 11.5 of the Criminal Code (Cth), the Crown must prove that the accused and at least one other conspirator held the belief required by s 307.11(1)(b)(i) during the course of the conspiracy and at the same time, but need not prove the precise date of entry into the agreement. When sentencing for multiple offences with overlapping facts, the sentencing judge must fix an appropriate sentence for each offence independently before considering cumulation, concurrence and totality; the sentence for one offence cannot be used as a benchmark constraining the sentence for another offence with a higher maximum penalty.
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