Mulcahy v R
1868 · LR 3 HL 306
Posted By lanbuk.com
- Facts
- Mulcahy was charged with conspiracy in connection with the Fenian movement in Ireland. The House of Lords had to say what the crime of conspiracy consists of.
- Issue
- Is a shared intention enough, or must there be an agreement?
- Held
- Willes J's statement was approved. A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or a lawful act by unlawful means. So long as the design rests in intention only, it is not indictable.
- Principle
- The of conspiracy is the agreement. The plot itself is the act.
- Why it matters
- In Sierra Leone conspiracy remains this common-law offence.
Words and Latin in this note
- Actus reus
- The physical part of a crime: the act, the circumstances, and in a result crime the consequence. It does not include the state of mind. It must be voluntary, unless the offence is one of the rare status crimes. Open the note.
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