INTENTION OF OFFENDERS TO CARRY OUT AGREEMENT

July 27, 2012

In a trial concerning conspiracy to rape a child under 13, the judge, when considering a submission of no case to answer, had failed to consider whether a reasonable jury could be entitled to infer that the offenders intended to carry out the agreement. Taking the prosecution evidence at its highest, no reasonable jury could infer that the offenders had intended to carry out the agreement.

CONSPIRACY CRIMINAL PROCEDURE INTENTION OF OFFENDERS TO CARRY OUT AGREEMENT JURIES NO CASE TO ANSWER RAPE OF CHILD UNDER 13 WHETHER REASONABLE JURY COULD INFER AN AGREEMENT TO RAPE A CHILD UNDER 13

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