Conspiracy to defraud–Causing a Loss

Punishable:

(1) 10 years imprisonment

(2) 10 years imprisonment

Offence Definition

(1) A person commits a summary offence if he or she conspires with another person with the intention of dishonestly causing a loss to a third person.

(2) A person commits a summary offence if he or she—

(a) conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third person; and

(b) knows or believes that the loss will occur or that there is a substantial risk of the loss occurring.

Legislation

Definition & Punishment: Section 328 (1) and (2) of the

Crimes Decree 2009.

Points to Prove

(a) 1. Conspires with another person

2. With the intention of dishonestly causing a loss to a third person

(b) 1. Conspires with another person

2. With the intention of dishonestly causing a loss OR dishonestly cause a risk of loss to a third person AND

3. Knows or believes that the loss will occur OR that there is a substantial risk of thee loss occurring

Notes:.......................................................................