Conspiracy to commit an offence
321 Conspiracy to commit an offence
Pt 1 Div. 10 (Heading and s. 322) repealed by No. 9576 s. 8(a), new Pt 1 Div. 10 (Heading and ss 321–321F) inserted by No. 10079 s. 7(2).
New s. 321 inserted by No. 10079 s. 7(2).
S. 321(1) amended by No. 32/2024 s. 796.
Subject to this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which will involve the commission of an offence by one or more of the parties to the agreement, the person is guilty of the indictable offence of conspiracy to commit that offence.
S. 321(2) amended by No. 32/2024 s. 796.
For a person to be guilty under subsection (1) of conspiracy to commit a particular offence both the person and at least one other party to the agreement—
must intend that the offence the subject of the agreement be committed; and
must intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time when the conduct constituting the offence is to take place.
S. 321(3) amended by No. 32/2024 s. 796.
A person may be guilty under subsection (1) of conspiracy to commit an offence notwithstanding the existence of facts of which the person is unaware which make commission of the offence by the agreed course of conduct impossible.
S. 321(4) inserted by No. 10233 s. 9(a), amended by No. 68/2009 s. 97(Sch. item 40.15).
An indictment charging an offence against this section must not be filed without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this subsection.
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