In many jurisdictions, the criminal element required for a conspiracy is an agreement to commit a crime. Stat. Ann. § 777.04 (3), accessed January 1, 2011, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0777/Sections/0777.04.html. The agreement does not require formality or written form. State v. Bond, 49 Conn. App. 183 (1998), accessed January 1, 2011 caselaw.findlaw.com/ct-court-of-appeals/1255702.html. Some states also criminalize the agreement to falsely accuse another of a crime, and the agreement to falsely maintain any prosecution, even civil, as a conspiracy. Penal Code § 182 (a) (2), (3), accessed 2 January 2011, law.justia.com/california/codes/2009/pen/182-185.html. Other states only criminalize the agreement to commit a crime as a conspiracy. Tex.
Penal Code § 15.02, accessed 3 January 2011, law.onecle.com/texas/penal/15.02.00.html. In Churchill v. Walton, it is not necessary to show that the conspirators knew that the conduct they were proposing amounted to a crime, but they must have foreseen the consequences; If two people conspire to add poison to the victim`s tea, it is not a conspiracy to kill unless the poison kills the victim. Nor will the accused be convicted if they do not know that a crime will result; If two people agree to grow plants without knowing that the plants are illegal, they have not participated in a conspiracy. On the other hand, if both people believe that the plants are illegal, even if they are not, they could be found guilty.  In any event, the question is whether the accused went so far in the direction of the full crime for committing the act of attempt. If the accused has passed the preparatory phase, the offence of the person attempted has been committed and it is not a defence that he has subsequently withdrawn from the commission of the completed crime. Some states have laws that criminalize behavior that would be considered preparatory to one of the four test tests.
For example, some laws prohibit the mere possession of burglary toolsN.Y. Criminal Law § 140.35, accessed December 31, 2010 law.onecle.com/new-york/penal/PEN0140.35_140.35.html. or the production of burglary tools. Conn. Gene. Stat. § 53a-106, accessed December 31, 2010, www.cga.ct.gov/2009/pub/chap952.htm#Sec53a-106.htm. A defendant could be convicted of a preparatory offence and an attempt if the criminal element of the offence is present for both in the circumstances. In R v Qadir and Khan  9 Archbold News 1, CA, it is stated: “The attempt begins when the accused understands the actual crime, rather than taking measures that are rightly considered only as preparatory.” If summary conviction is initiated in such circumstances, judges cannot convict unless there is another charge of attempting to commit the crime. Shelley and Sam meet in a bar and discuss their missing finances.
Shelley mentions that she and her friend Steffy work in a supermarket. Sam asks Shelley if she wants to help him steal the supermarket when Steffy is working. Shelley agrees. The two plan the flight. Shelley and Sam agree that Shelley will drive the getaway car on the agreed date and time. .