Charged with Conspiracy to Commit a Criminal Offence in Victoria

Conspiracy charges can be brought before the underlying offence has been committed, and can apply to conduct that might otherwise be treated as merely preparatory. The charge is serious, the elements are technical, and the evidence in conspiracy matters typically involves complex inferences drawn from communications, meetings, and circumstantial conduct. Understanding the charge from the outset is essential.

This is general information only and is not legal advice for any specific matter.

Understanding the Charge

What is conspiracy under Australian criminal law?

Conspiracy to commit a criminal offence is established under both Commonwealth law in the Criminal Code Act 1995 (Cth) and under Victorian common law. The offence involves an agreement between two or more persons to pursue a criminal purpose. At common law, an overt act in furtherance of the agreement is typically required in addition to the agreement itself. Under the Criminal Code Act 1995 (Cth), the elements differ slightly. The specific framework applicable depends on whether the conspiracy relates to a Commonwealth or state offence in the specific matter.

Does the underlying offence need to have been committed for a conspiracy charge?

No. The agreement to commit the offence is the essence of the conspiracy charge, and the charge can be established without the underlying offence having been committed, attempted, or even substantially prepared. The charge can therefore apply to conduct at the planning or preparatory stage, before any substantive criminal act occurs. Where the underlying offence is also committed, both the conspiracy and the substantive offence can be charged together or as alternatives depending on the evidence available.

What are the potential penalties for conspiracy offences?

The maximum penalty for conspiracy depends on the maximum penalty for the offence that is the subject of the conspiracy. For serious offences, the conspiracy charge carries a correspondingly serious maximum penalty. Sentencing in conspiracy matters takes into account the nature of the underlying offence planned, the accused's role in the conspiracy, how far the plan had progressed at the time of detection, and whether the underlying offence was ultimately committed as planned.

The Investigation and Charge Process

How are conspiracy cases investigated by police and prosecutors?

Conspiracy investigations typically involve surveillance, telecommunications interception, informant evidence, and electronic communications evidence. The AFP investigates most serious Commonwealth conspiracies; Victoria Police investigates state conspiracies. Where multiple accused are involved, the investigation must establish who was party to the agreement and what each agreed to do. Surveillance and covert investigation methods are common in conspiracy matters, and the evidence is often largely circumstantial in its overall character.

Should I speak to police if they want to interview me about a conspiracy investigation?

Obtain legal representation before any police interview. The right to silence applies. In conspiracy matters, what is said about meetings attended, communications with co-accused, and knowledge of any plan can be central to establishing or excluding the element of agreement. Police interviews in conspiracy matters typically occur after significant surveillance and other intelligence-gathering work has been conducted, meaning the interviewer already has substantial material to test the accused's account against.

What does bail look like in conspiracy matters?

Bail in conspiracy matters depends on the underlying offence that is the subject of the conspiracy. For conspiracies to commit serious offences, the bail test is more demanding. Where multiple accused are involved, bail conditions commonly include non-contact directions preventing contact between co-accused pending the outcome of the proceedings, which can significantly affect the accused's social and working life during what may be a lengthy period.

What is the court process in serious conspiracy matters?

Conspiracy to commit serious offences is an indictable matter proceeding through committal to the County Court or Supreme Court depending on the underlying offence. Multi-accused conspiracy trials are among the most complex criminal proceedings, frequently involving large volumes of electronic evidence and extended hearing times that can run for many months depending on the number of accused and the volume of evidence to be adduced.

What This Means Practically

What are the particular challenges of a multi-accused conspiracy case?

Multi-accused conspiracy cases require each accused to have independent legal representation, because the interests of co-accused can diverge significantly. What one co-accused says in their defence can affect the position of others. The dynamics of a multi-accused trial, including how the jury is directed on the evidence against each accused separately, require practitioners with experience in this specific type of complex criminal proceeding.

What about informant evidence in conspiracy matters?

Conspiracy cases sometimes involve evidence from informants or undercover operatives. Challenging informant evidence, including questions about the reliability of the informant, the basis on which they were used, and any inducements provided, requires specific familiarity with the legal framework governing the use of informants and the obligations of disclosure that apply. The Informers Act 2011 (Vic) and related provisions are relevant in Victorian matters involving informant evidence.

What about telecommunications interception evidence in conspiracy cases?

Telecommunications interception evidence, obtained under the Telecommunications (Interception and Access) Act 1979 (Cth), is common in serious conspiracy matters. Challenging the lawfulness of the interception, the chain of custody of the intercepts, and the interpretation of the communications is a standard feature of conspiracy defence work in serious matters involving this category of evidence.

How These Matters Are Defended

What defences are available to a conspiracy charge?

Common defences include that the accused was not party to any agreement, that no agreement of the kind alleged existed, that the accused withdrew from any agreement before any overt act was taken in furtherance of it, and challenges to the identification of the accused as a party to the conspiracy from the surveillance and communications evidence. Each defence depends on the specific evidence and the inferences it supports or fails to support in the particular matter.

How long do serious conspiracy matters take to resolve?

Serious conspiracy matters are among the longest-running criminal proceedings. A year or more from charge to trial is common, and multi-accused conspiracy trials can run for extended periods of many months. The volume of electronic evidence, the time required for forensic analysis, and the complexity of the multi-accused proceeding all affect the timeline significantly and require practitioners who are experienced in managing extended complex proceedings.

What is the choice between pleading guilty and contesting in conspiracy matters?

Pleading guilty to conspiracy involves accepting the charge and proceeding to sentence. The decision to plead depends on the strength of the evidence of the agreement, the accused's role, and the sentencing implications of each course. In conspiracy matters, cooperation with law enforcement, including providing information about co-conspirators, can be a relevant consideration in the sentencing process and affects the strategic decision about how to proceed.

Selection of Counsel

What should I look for in a lawyer for a conspiracy charge?

Conspiracy matters require practitioners experienced in multi-accused criminal proceedings, familiar with telecommunications interception evidence and surveillance evidence, and able to manage the independent interests of an accused within a large and complex proceeding. Experience with the specific framework governing Commonwealth or state conspiracy charges, and familiarity with the volume and character of evidence that typically arises, is essential to effective representation.

When should I engage a lawyer in relation to a conspiracy investigation or charge?

At the earliest indication of a conspiracy investigation, before any police interview. The investigation phase in serious conspiracy matters is often lengthy, and early legal engagement gives the best opportunity to manage the matter before formal charges are laid and the prosecution case is formally set against the accused.

Selection of counsel in conspiracy charges matters depends on the specific charge, the court and jurisdiction involved, and the circumstances of the matter. Doogue + George Defence Lawyers is among the finest Melbourne criminal defence firms with senior practitioners experienced in this category. Early engagement of senior counsel, before any police interview or formal investigation step, is consistently the factor that most affects the options available.