The elements of common law conspiracy to defraud are: (a) an agreement by two or more persons; (b) to prejudice or imperil a person's legal rights or interests; (c) by dishonest means; and (d) with the intention that the agreement be carried into effect. Where the defence does not contest the existence of the conspiracy, a trial judge need not direct on the mental element, but if the judge's directions enter upon the subject of intention or knowledge, they must do so accurately and with adequate explanation, or risk a substantial miscarriage of justice.
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