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Conspiracy

  • 07-08-2011 9:00pm
    #1
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭


    Lets say you have two people both accused of conspiracy to do whatever, one pleads guilty, the other innocent and is acquitted. Now, AFAIK, the acquittal of one party does not prejudice the conviction of the other, why is this?

    However, if they are tried together, it seems the verdicts must be the same?

    Anyone have any thoughts/insight on this or have some recommended reading?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Wolfe Tone wrote: »
    Lets say you have two people both accused of conspiracy to do whatever, one pleads guilty, the other innocent and is acquitted. Now, AFAIK, the acquittal of one party does not prejudice the conviction of the other, why is this?

    The second person could have been acquitted for any reason. If the first person admits to the conspiracy with the benefit of legal advice, then it is treated as a safe conviction (whether it actually is or not is a different story).
    Wolfe Tone wrote: »
    However, if they are tried together, it seems the verdicts must be the same?

    Not necessarily. They could both have alleged to have conspired together and with an unknown third party or there might be some distinguishing feature between the two of them which could lead to the acquittal of one and the conviction of the other. But I take your point that all things being equal a conviction of one and an acquittal of the other would seem perverse on its face if they are the only two conspirators.
    Wolfe Tone wrote: »
    Anyone have any thoughts/insight on this or have some recommended reading?

    Charleton's book on Criminal Law. There was a case by Mr. Justice Hedigan I think a few years ago about violent disorder. The is a rule in the UK that an acquittal of 1 of 3 accused must result in the acquittal of the other two, and this rule was not followed in Ireland. The general rules of peverse decisions would also be relevant.


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