An agreement between co-conspirators for the purposes of s 11.5 of the Criminal Code (Cth) may be inferred from their joint participation in meetings with undercover operatives and acts of mutual assistance, even where the direct negotiations were conducted between one conspirator and the undercover operatives. The reach of the conspiracy offence does not extend to an agreement to which the only parties are the accused and an agent provocateur, but the agreement between co-conspirators can be proved by inference from their conduct. The entrapment sentencing principle from R v Taouk is not engaged where the police involvement provided the evidence by which the conspiracy could be proved but did not procure the commission of the offence of conspiracy itself.
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