R v Siracusa [1990] 90 Cr App R 340

Defendants were smugglers who aimed to smuggle cannabis and heroin into UK.

They were charged with conspiracy on two counts, one relating to heron and the other to cannabis. They were convicted.

CA dismissed appeals on the grounds that the judge had made clear that for each count the jury had to be satisfied that the drug in question was the intended object of smuggling and that intent to smuggle one did not constitute a conspiracy to smuggle the other.

They also note that the mens rea for conspiracy to commit a crime may be different to the mens rea required to commit the crime normally. Background organisers who do not themselves become actively involved are nevertheless liable, CONTRADICTING HL in Anderson that Defendants need to intend to play some part in the agreed conduct themselves.