Toronto Conspiracy Lawyer

Conspiracy to commit an offence in Toronto is a serious crime and those charged are prosecuted harshly by the Crown’s office. Those convicted face significant penalties, especially when convicted of conspiracy to commit an indictable offence or conspiracy to commit murder.

If you have been accused of conspiring to commit an offence it is important to contact legal counsel right away. Conspiracy cases can be difficult both to prosecute and to defend. In many cases, they turn on the statements of co-accused or other witnesses alone. As a result, successful legal defences must be uniquely tailored to the specifics of the case and the evidence in the possession of the Crown.

Donich Law has more than a decade of experience defending individuals charged with serious offences in jurisdictions across Ontario. The Firm combines risk management and litigation to achieve positive results for our clients.

What is Conspiracy?

The offence of conspiracy is contained in section 465(1) of the Criminal Code. The Code specifies that an individual is guilty of the offence of conspiracy when they agree, with one or more other people, to commit an indictable offence, to commit a summary conviction offence, to commit murder, or to prosecute an individual for an offence knowing they did not commit the offence.

The purpose of the offence is to prevent harm to society by catching it before it actually occurs. As a result, to be guilty of the offence of conspiracy, it is not necessary for the conspiracy to have been carried out. The Crown is only required to prove that two or more people came to an agreement to commit an offence.

It is not enough that there was a common intention to commit an offence. It is also not enough for there to be passive acquiescence to the plan, nor is knowledge of the plan or willful blindness regarding existence of the plan sufficient for a conviction.

What is the Co-Conspirator Hearsay Rule?

In criminal trials, the rules of evidence dictate which evidence is admissible and for what purpose. As a general rule, lawyers are prohibited from introducing evidence known as hearsay evidence. Hearsay evidence is any statement made outside the courtroom. The issue with statements made outside the courtroom is that the lawyers do not have the ability to cross-examine the declarant on the statement. As a result, there is no way to determine whether the statement is reliable or credible.

There are, however, many exceptions to the hearsay rule. One such exception is the co-conspirator hearsay exception. This exception allows the statements of co-conspirators to be used against an accused in court. For example, intercepted phone communications between co-conspirators or electronic communications may be used to prosecute both parties, despite being technically hearsay because the statements were made outside the courtroom. To qualify, the statements must be made in relation to the conspiracy and in furtherance of the conspiracy.

Will I go to Jail for Conspiracy?

When sentencing an offender for a conspiracy offence, the Court must first consider the type of conspiracy offence. This will heavily influence the maximum penalty that can be imposed. This will also provide the Court with a sentencing range, as the accused should be sentenced similarly to other offenders who committed other similar conspiracy offences.

When preparing for a sentencing hearing for conspiracy, defence counsel will conduct legal research and provide the Court with a list of cases where the offender was sentenced to a sentence the defence believes is appropriate.

When coming to the appropriate sentence, the Court will consider the case law provided as well as any mitigating or aggravating factors presented by either the defence or the Crown. The defence will typically present mitigating factors in an attempt to justify a more lenient sentence for their client. The Crown on the other hand will present the Court with aggravating factors to justify their more severe position on sentence.

In practice, an individual convicted of conspiracy to commit a summary conviction offence is far less likely to go to jail than an individual convicted of conspiracy to commit an indictable offence. An individual convicted of conspiring to unlawfully prosecute an innocent person for a serious offence is also far more likely to be sentenced to jail if convicted. Finally, an individual convicted of conspiracy to commit murder is very likely to be sentenced to custody if convicted.

How to Defend a Conspiracy Charge?

The best defence for any conspiracy charge will depend on the nature of the conspiracy alleged. As noted above, to secure a conviction for a conspiracy offence, the Crown must prove that the accused entered into an agreement with at least one other person to carry out an unlawful act and that the agreement involved a “common design.”

This means that the Crown must be able to prove that the accused had an intention to become a part of the plan to commit an unlawful act and was aware of the implications of doing so. In some cases, it is possible for the accused to advance the defence that they there was no agreement between them and another party. Simply having a similar intention is not enough for the Crown to prove conspiracy. Something more is needed. If the defence can create doubt regarding whether there was an actual agreement, the accused cannot be convicted. Similarly, an accused may argue that there was no common design in the plan.

What is the Penalty for Conspiracy?

The penalty for a conspiracy charge will depend on the type of conspiracy the accused was involved in. For individuals convicted of conspiring to commit an indictable offence, they will be liable for the same maximum penalty associated with the actual offence. Similarly, where an individual is convicted of conspiracy to commit a summary convicting offence, they will be liable for the maximum penalty associated with the offence they conspired to commit.

For example, an individual convicted of conspiring to commit a robbery involving a firearm will be liable to a maximum sentence of five years custody on a first-time offence. This is the same prescribed maximum penalty imposed on an individual convicted of committing a robbery with a firearm.

Where an individual is convicted of conspiracy to commit murder, they will face a maximum penalty of life imprisonment. This is the same maximum penalty for those convicted of murder.

Where an individual is convicted of conspiracy to prosecute an individual knowing they did not commit the crime, and the crime is punishable by up to 14 years in prison or life in prison, the offender is liable for a maximum penalty of ten years in prison if prosecuted by indictment and two years less a day in prison if prosecuted on summary conviction. Where the offence the victim was being prosecuted for carried a maximum penalty of less than 14 years in prison, the conspiring offender will face a maximum penalty of five years on indictment and two years less a day on summary conviction.