Introduction
Criminal conspiracies are rarely documented in the way commercial agreements are. Participants are unlikely to sign a document stating that they have agreed to commit an offence.
This creates a difficult evidentiary question: if there is no written agreement, how can a conspiracy be proved?
The answer lies in the circumstances surrounding the conduct of the persons alleged to be involved.
The Agreement Can Be Inferred
A conspiracy generally involves an agreement between two or more persons to pursue an unlawful objective or lawful objective by unlawful means, subject to the statutory requirements.
Because such agreements are usually secret, the prosecution may rely upon circumstantial evidence to establish the existence of the agreement.
Communications, coordinated conduct, financial transactions, meetings and actions that appear interconnected may become relevant.
Association Is Not Enough
Being acquainted with an accused person does not automatically establish conspiracy. Nor does merely being present at a location or having a business relationship.
Criminal liability requires evidence connecting the individual to the alleged agreement in the manner required by law.
This is especially important where a large number of people are implicated in a criminal investigation.
The Evidence Must Tell a Coherent Story
Conspiracy cases often depend upon multiple pieces of evidence rather than one decisive document. The prosecution may attempt to establish a chain of circumstances demonstrating coordinated conduct.
The defence, conversely, may challenge whether the circumstances actually establish an agreement or merely demonstrate independent conduct.
Key Takeaways
• Criminal conspiracies are often established through circumstantial evidence.
• Association with an accused person does not automatically establish conspiracy.
• Communications and coordinated conduct can become important evidence.
• Each accused's connection with the alleged agreement must be examined.
• Suspicion cannot substitute for proof of the legal ingredients.
Conclusion
The absence of a written conspiracy does not make prosecution impossible. But neither does it permit criminal liability to be based merely on association.
The real evidentiary challenge is to demonstrate the agreement through circumstances that establish a legally sufficient connection between the accused persons and the alleged unlawful objective.
