Toronto Criminal Conspiracy Lawyer

Handling Criminal Conspiracies

The following article is just a primer to gain a basic understanding of criminal conspiracy law. If you are charged with a criminal conspiracy you should immediately contact an experienced criminal lawyer for proper legal advice. Call Adam Weisberg at 416.603.3344.

What is a Conspiracy?

The law behind a criminal conspiracy allegation can appear quite complicated. In the Supreme Court a criminal conspiracy has been simply defined as: “plotting and acting together to achieve evil results”. Or, in another case, a conspiracy has been defined as an “agreement to do something [criminal] where the conspirators act in concert of a common goal”.

Conspiracy cases obviously only can occur with two or more parties being involved in the agreement to commit the offence(s). It is very common to see conspiracy charges in relation to drug trafficking allegations since this type of illicit activity often involves multiple parties being involved in a scheme. Conspiracy is also commonly charged in relation to the following allegations: fraudulent schemes; murder plots; home invasions; and mischief charges (protesters).

The Unique Nature of a Conspiracy

What laypeople often don’t understand is that a conspiracy is complete upon forming an agreement to commit an offence. The actual offence does not need to be completed for an accused person to be convicted of participating in a conspiracy.

Elements of the Offence

• Agreement of two or more persons to an unlawful act by unlawful means.
• Intention to agree, completion of agreement and a common design.
•  
• Need an actual agreement between the parties.
•  
• The intention to agree must be proved in that the parties intended to achieve a mutual criminal objective.
•  
• Offence complete upon formation of agreement so even if an accused later withdraws from the conspiracy – they can still be found guilty.

Hearsay Rule

In most cases the statements of co-accused cannot be used against other co-accused parties. However, in a conspiracy case, statements made in furtherance of the conspiracy can potentially be used against other co-conspirators to prove the conspiracy.

Information about Conspiracies

Contact Adam Weisberg at 416.603.3344 to schedule an appointment to further discuss your case.