Victorian Consolidated Legislation

Crimes Act 1958 - SECT 321

Conspiracy to commit an offence

321. Conspiracy to commit an offence



(1) 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, he is guilty of the
indictable offence of conspiracy to commit that offence.

(2) For a person to be guilty under subsection (1) of conspiracy to commit a
particular offence both he and at least one other party to the agreement-

   (a)  must intend that the offence the subject of the agreement be
        committed; and

   (b)  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.

(3) A person may be guilty under subsection (1) of conspiracy to commit an
offence notwithstanding the existence of facts of which he is unaware which
make commission of the offence by the agreed course of conduct impossible.

(4) A presentment at the Supreme Court or the County Court of a person for an
offence against this section shall not be made 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.