70
Laws of Malaysia
Act 574
Chapter Va
CRIMINAL CONSPIRACY
Definition of criminal conspiracy
120a. When two or more persons agree to do, or cause to be
done—
(a)
an illegal act; or
(b)
an act, which is not illegal, by illegal means,
such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an
offence shall amount to a criminal conspiracy unless some act
besides the agreement is done by one or more parties to such
agreement in pursuance thereof.
Explanation 1—It is immaterial whether the illegal act is the ultimate
object of such agreement, or is merely incidental to that object.
Explanation 2—Where liability for any offence may be incurred without
knowledge on the part of the person committing it of any particular fact
or circumstance necessary for the commission of the offence, a person
shall nevertheless not be guilty of conspiracy to commit the offence
unless he and at least one other party to the agreement intend or know
that that fact or circumstance shall or will exist at the time when the
conduct constituting the offence is to take place.
ILLUSTRATIONS
(a)
If A and B agree to embark on a bombing campaign throughout
Malaysia, and either one of them commits an act in furtherance of
the agreement such as acquiring Ammonium Nitrate fertilizer or other
bomb making components, they will each be guilty of conspiracy to
cause explosions even though no bombing targets were identified and
no bombing was actually attempted.
(b) A wilfully and knowingly joins an enterprise of persons consisting
of B, C and D where they share a common criminal purpose to commit
certain offences such as attacking civilian objects, murder and terrorism,
and at least one of them acts on the plan by surveilling targets or securing
a weapon to be used in the attacks. All four are guilty of conspiracy to
attack civilian objects, and commit murder and terrorism the moment
any one of them acts on the plan.
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