R v Walker [1962] 1 WLR 1391

Court: Court of Appeal (Criminal Division)

Facts: D1 (Defendant 1) negotiated with D2 (Defendant 2) and D3 (Defendant 3) about stealing money but withdrew before a firm plan was agreed.

Issue : Had the defendant pulled out before the offence of conspiracy was complete?

Held: The Court of Appeal overturned the defendant’s conviction. The court found that no agreement had been reached to constitute a conspiracy by the time D1 had pulled out.

Key Judicial Statement: Lord Justice Denning noted, "An agreement must be firm and concrete to constitute a conspiracy; mere negotiations without a clear, binding agreement are insufficient."

💡Leveluplaw : For a defendant to commit conspiracy, they must have reached an agreement to commit an offence. It is not enough that negotiations to potentially commit a crime have taken place.