In light of Suski and Bala, is it time for parliament to divorce the spousal exemption from the law of conspiracy, asks Richard Easton
Should marriage to your co-conspirator be a defence to conspiracy when unmarried couples are not afforded such a defence? And should the Biblically inspired intra-spousal
defence to conspiracy apply to polygamous marriages? The Court of Appeal’s answers to these questions in two recent cases highlight the absurd anachronism that is the spousal exemption to conspiracy.
R v Suski