For example, a conspiracy to commit murder is punishable by 14 years' imprisonment, while a conspiracy to prosecute an innocent person is punishable by 5 to 10 years' imprisonment. A conspiracy to have a woman commit adultery or fornication is punishable by 2 years; the conspirators may also be guilty, in this case, of ABDUCTION. Any conspiracy to achieve an unlawful purpose or a lawful purpose by unlawful means, eg, the use of bribes, is criminal and punishable by 2 years' imprisonment.
A mere intention to conspire or to commit an unlawful act is not sufficient to create criminal liability; there must be an actual agreement to act. The Criminal Code (s424) expressly provides that a conspiracy in restraint of trade (preventing another from carrying on his trade in a particular way or in a particular area) is not criminal when done by or on behalf of a trade union, which is therefore able to call its members out on strike regardless of any contract of service by which they may be bound, or is able to declare a sympathy strike on behalf of others engaged in a lawful strike.
Author L.C. GREEN
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