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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Is it possible for person to bring a criminal charge of conspiracy

Customer Question

Is it possible for person to bring a criminal charge of conspiracy to deprive/defraud him of his asset when there is clear evidence that he did not own the asset in the first place.
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Conspiracy is defined as: plans that are more than merely preparatory. This means that as long as they were making plans to deprive or defraud it makes no difference whether or not the person owns the asset.

The offence is making plans to carry out such an act, even if it is in the mistaken belief that the victim does own the asset when he does not.

So yes, it is possible to bring a criminal charge on the basis of what you have said above. Whether the defendants will be convicted of course is another matter all together. Leanne.

Customer: replied 4 years ago.

thank you for your response. Are you saying that even if there

was no mistaken belief as the alleged conspirators never at any time held such a belief, that the charge could still be brought and at the material timess each party acted on the inderstandind thst yhe asset belonged to them

Expert:  leanne-jones replied 4 years ago.
Yes - conspiracy is to defraud and deprive. Even if they did not realise the person did not own the asset.

Customer: replied 4 years ago.

the alleged victim did not own the asset and the so called conspirators merely acted on the knowledge that they were the owners. surely if they had rights over the asset to deak with it as thry saw fit it cannot be cinstrued a conspiracy

Expert:  leanne-jones replied 4 years ago.
You only need the mindset for the offence, even if it was not possible to carry it out.

For example if someone brought a load of chalk through customs thinking it was drugs and did not know it was chalk - the offence is still made out.

If the people made plans and thought the person owned or had the asset - the offence is complete. Leanne.

Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I have been asked to look at this.

Can I ask what this asset is ? How did it come about ? Is this a proceeds of crime matter?

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