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120A. When two or more persons agree to do, or cause to be done—

(a) an illegal act; or

(b) an act, which is not illegal, by illegal means,

such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation 1—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Explanation 2—Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit the offence unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

ILLUSTRATIONS

(a) If A and B agree to embark on a bombing campaign throughout Malaysia, and either one of them commits an act in furtherance of the agreement such as acquiring Ammonium Nitrate fertilizer or other bomb making components, they will each be guilty of conspiracy to cause explosions even though no bombing targets were identified and no bombing was actually attempted.

(b) A wilfully and knowingly joins an enterprise of persons consisting of B, C and D where they share a common criminal purpose to commit certain offences such as attacking civilian objects, murder and terrorism, and at least one of them acts on the plan by surveilling targets or securing a weapon to be used in the attacks. All four are guilty of conspiracy to attack civilian objects, and commit murder and terrorism the moment any one of them acts on the plan.

(c) A and B agree to cheat the Government on a contract for goods by inflating the price of goods quoted in the tender document. A and B intend to conceal the real price of the goods to the Government. A and B are guilty of conspiring to cheat the Government the moment that one of them drafts the fraudulent tender document or engages in any other act in furtherance of the plan.

(d) A, B and C agree to engage in fraud and misuse of visas, permits or other documents to facilitate a particular act of terrorism in Malaysia. All three are guilty of conspiracy to provide support for the commission of a terrorist act the moment any one of them engages in an act in furtherance of the plan, such as acquiring the visas or other materials necessary to produce the fraudulent documents.