Wharton’s Rule, named after criminal law writer Francis Wharton, states that if a group of individuals agree to commit a crime that requires a specific number of participants, they cannot be charged with conspiracy. However, if an additional person joins the group to escalate the magnitude of the crime, all individuals involved can be charged with conspiracy.
Wharton’s rule, also known as the Wharton rule or concert-of-action rule, is a legal doctrine that states that an agreement by two or more individuals to commit a specific crime cannot be prosecuted as a conspiracy if the crime can only be committed by the actual number of participants involved. However, if an additional person joins the agreement to expand its scope, all the individuals involved can be charged with conspiracy. For instance, if two people plan to rob a bank and the robbery only requires two people, they cannot be charged with conspiracy. However, if a third person joins the plan to assist in the robbery, then all three individuals can be charged with conspiracy. The rule is named after Francis Wharton, a prominent author in criminal law. It is important to note that Wharton’s Rule only applies to offences that necessitate coordinated criminal activity, where multiple individuals are required to commit the crime. In such cases, the rule helps determine whether the conspiracy and the substantive offence should be treated as separate crimes or merged into one. Overall, Wharton’s Rule serves as a tool to ascertain legislative intent and must defer to a clear legislative judgement.
Wharton’s Rule is a legal principle that states that an agreement between two or more people to commit a particular crime cannot be prosecuted as a conspiracy if the crime requires the participation of all the parties involved.
Wharton’s Rule typically applies to crimes that require the voluntary participation of two or more people, such as adultery, dueling, and bigamy.
No, Wharton’s Rule does not apply to all crimes. It only applies to specific crimes that require the participation of multiple parties.
Yes, Wharton’s Rule can be used as a defence in court if the crime in question meets the criteria for its application.
There are some exceptions to Wharton’s Rule, such as when the agreement to commit the crime involves more people than necessary for its commission.
Wharton’s Rule can affect the prosecution of conspiracy charges by preventing the prosecution from pursuing conspiracy charges in cases where the crime in question falls under its scope.
Wharton’s Rule cannot be waived by the parties involved, as it is a legal principle that applies regardless of the parties’ intentions.
Wharton’s Rule is not universally recognised in all jurisdictions, and its application may vary depending on the specific laws and legal precedents of a particular jurisdiction.
Wharton’s Rule is a principle that primarily applies to criminal law and is not typically used in civil cases.
To determine if Wharton’s Rule applies to your case, it is best to consult with a qualified legal professional who can assess the specific details of your situation and provide guidance on its potential relevance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 8th May 2024.
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