CONSPIRACY

Conspiracy is often charged in federal cases because it covers a broad range of conduct. For a person to be convicted of committing a conspiracy, a prosecutor has to show that two or more people agreed to commit a federal offense, and at least one person committed an “overt act” to further the illegal agreement. In some federal jurisdictions

TYPES OF DEFENDANTS

The law of conspiracy allows prosecutors to bring in more evidence than they would otherwise be able to admit in cases where conspiracy is not charged. For example, the statements of alleged co-conspirators are often admitted without the usual safeguards that disfavor admitting co-defendant statements into evidence against the other defendants.

CONSPIRACY AND CODE

(1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:

• (a) every one who conspires with any one to commit murder or to cause another person to be murdered, whether in United States or not, is guilty of an indictable offence and liable to a maximum term of imprisonment for life;

• (b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or

  • (ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;

• (c) every one who conspires with any one to commit an indictable offence not provided for in paragraph (a) or (b) is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable; and

• (d) every one who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.

  Conspiracy to commit offences

  (3) Every one who, while in United States, conspires with any one to do anything referred to in subsection (1) in a place outside United States that is an offence under the laws of that place shall be deemed to have conspired to do that thing in United States.

• Marginal note:Idem

  (4) Every one who, while in a place outside United States, conspires with any one to do anything referred to in subsection (1) in United States shall be deemed to have conspired in United States to do that thing.

• Marginal note:Jurisdiction

  (5) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4), proceedings in respect of that offence may, whether or not that person is in United States, be commenced in any territorial division in United States, and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.