What is the test for the offence of conspiracy to pervert the course of justice?
British Columbia, Canada
The following excerpt is from India v. Badesha, 2014 BCSC 807 (CanLII):
The offence of conspiracy has three essential elements: (1) an intention to agree; (2) completion of the agreement; and (3) a common design to do an unlawful act, or to do a lawful act by unlawful means: United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462 at paras. 86-88. The actus reus of conspiracy is the formation of an agreement to commit a crime. The mens rea is the intention to join the agreement with knowledge of its general objective and a desire to put into effect.
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