In Victoria, a person becomes a co-conspirator to a crime (an indictable offence) when they reach an agreement with one or more other people to pursue a course of conduct that will involve the commission of that offence. Under Section 321 of the Crimes Act 1958 (Vic), the threshold is established when the following elements are proven: An Agreement: Two or more parties agree to commit a crime. Intent: The accused must intend that the offence be committed. Belief in Circumstances: The accused must believe that any necessary facts or circumstances will exist at the time the crime is committed. Overt Act (Sometimes): While the agreement alone can constitute conspiracy, the law may require an "overt act" in furtherance of that agreement. Key Threshold Requirements Agreement vs. Discussion: The law distinguishes between merely discussing a crime and actually agreeing to it. Only an agreement or understanding, not just negotiations, creates liability. Intent to Commit: A person must have the specific intention to carry out the criminal act; mere knowledge that a crime might happen is not enough. No Overt Act Necessary in Some Cases: Conspiracy is generally completed once the agreement is made, even if the crime itself is never committed. Impossibility: A person can be guilty of conspiracy even if it was impossible for them to actually commit the offence, provided they believed it was possible. What is NOT Conspiracy Mere Presence: Being present at the scene of a crime does not make someone a co-conspirator or accomplice. Unilateral Action: A person cannot "conspire" alone; there must be at least one other party to the agreement. Distinction: Conspiracy vs. Complicity Conspiracy (s 321): The agreement to commit the crime. Complicity (s 323): Assisting, encouraging, or directing the commission of an actual crime, which requires more direct participation than just conspiring. Disclaimer: Criminal law is complex. If you are facing charges, it is essential to seek advice from a legal professional

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In Victoria, a person becomes a co-conspirator to a crime (an indictable offence) when they reach an agreement with one or more other people to pursue a course of conduct that will involve the commission of that offence. 



Under Section 321 of the Crimes Act 1958 (Vic), the threshold is established when the following elements are proven:

  • An Agreement: Two or more parties agree to commit a crime.
  • Intent: The accused must intend that the offence be committed.
  • Belief in Circumstances: The accused must believe that any necessary facts or circumstances will exist at the time the crime is committed.
  • Overt Act (Sometimes): While the agreement alone can constitute conspiracy, the law may require an "overt act" in furtherance of that agreement. 

Key Threshold Requirements

  • Agreement vs. Discussion: The law distinguishes between merely discussing a crime and actually agreeing to it. Only an agreement or understanding, not just negotiations, creates liability.
  • Intent to Commit: A person must have the specific intention to carry out the criminal act; mere knowledge that a crime might happen is not enough.
  • No Overt Act Necessary in Some Cases: Conspiracy is generally completed once the agreement is made, even if the crime itself is never committed.
  • Impossibility: A person can be guilty of conspiracy even if it was impossible for them to actually commit the offence, provided they believed it was possible. 

What is NOT Conspiracy

  • Mere Presence: Being present at the scene of a crime does not make someone a co-conspirator or accomplice.
  • Unilateral Action: A person cannot "conspire" alone; there must be at least one other party to the agreement. 

Distinction: Conspiracy vs. Complicity

  • Conspiracy (s 321): The agreement to commit the crime.
  • Complicity (s 323): Assisting, encouraging, or directing the commission of an actual crime, which requires more direct participation than just conspiring. 

Disclaimer: Criminal law is complex. If you are facing charges, it is essential to seek advice from a legal professional