R v Saik

For statutory conspiracy, the defendant must intend or know that the relevant facts will exist, and suspicion that money is the proceeds of crime is not enough.

Citation
[2006] UKHL 18, [2007] 1 AC 18
Court
House of Lords
Year
2006
Subject
Criminal Law
Topic
Inchoate offences and accessorial liability

Facts

Mr Saik ran a bureau de change in London. He was charged with conspiracy to launder money, under section 1 of the Criminal Law Act 1977. The prosecution's case was that he had agreed with others to convert cash that he knew or suspected was the proceeds of drug trafficking or other crime. He pleaded guilty on the basis that he suspected, but did not know, that the money was the proceeds of crime.

Legal principle

The House of Lords quashed the conviction, by a majority. Lord Nicholls said that, under section 1(2) of the Criminal Law Act 1977, where the substantive offence can be committed by a person who suspects a fact, such as that money is the proceeds of crime, a person is guilty of conspiracy only if he and at least one other party to the agreement intend or know that the fact will exist when the conduct constituting the offence takes place. Suspicion is not enough for conspiracy, even if it is enough for the full offence.

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