Kembaraxtra-Case Law- Conspiracy: Impossibility

Case Study: Nock (1978) HL

• Facts:
• Defendant (D) and co-defendants agreed to obtain cocaine from a powder.
• Unknown to D, the powder contained no cocaine; it was impossible to produce cocaine from it.
• Held: D was not guilty of conspiracy to produce cocaine.
• Reasoning (Lord Diplock): An agreement to pursue a course of conduct that, if carried out, would not constitute an offense, does not amount to criminal conspiracy, neither at common law nor under s 1 of the Criminal Law Act 1977.

Key Principle: Conspiracy to Commit the Impossible

• General Rule: At common law, and generally for conspiracy offenses not covered by specific statutes, there is no liability for a conspiracy to commit the impossible.
• Impact of Legislation: This common law position remains true for conspiracy offenses despite s 5(1) of the Criminal Attempts Act 1981 (which addresses impossibility in attempts but not conspiracy in the same way).
• Distinction from Attempts: While the law on attempts may treat factual impossibility differently (e.g., attempting to pick an empty pocket can still be an attempt), conspiracy law traditionally requires the agreed-upon act to be legally possible for it to constitute a conspiracy.