CRIM 412 Lecture Notes - Lecture 23: Indictable Offence
23 Feb 2020
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Document Summary
Section 465 of the criminal code of canada. The conspirators are guilty the moment they agree. Two or more people capable in law must agree to commit. They must intend to carry out the agreement. The conspirators must agree to do something unlawful. Parties to the offence section 21 cc. Allows a broader picture to be presented to the court. Allows for dry conspiracies where no contraband is seized. Eliminates the defense of backing out or being cut out . If the conspiracy prosecution is unsuccessful crown may still proceed with the substantive offence. Useful in cases where the evidence is weak. Where a conspiracy is alleged there is a better chance the accused will be tried together rather than separately. Cases may be saved where witnesses are unable to attend the trial. Becomes difficult for defense to raise entrapment. The use of unindicted co-conspirators gives flexibility on who gets charged at trail.
