Conspiracy Flashcards
Conspiracy - withdrawing from agreement
A person withdrawing for the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made. However, a person can effectively withdraw before the actual agreement is made.
Completion of Conspiracy
The offence is complete on the agreement being made with the required intent. No further progression towards the completion of the offence is required.
Agreement: Physical and Mental
Agreement requires physical and mental faculties:
Mens rea:
- An intention of those involved to agree, and
- An intention to commit the full offence by those party to the agreement.
Proving intent
- Actions, words before/during/after
- Surrounding circumstances
- Nature of the act itself.
Actus reus:
The agreement between two or more people to carry out the illegal conduct. The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.
Physical acts, words and gestures.
Simple verbal agreement will suffice. No need to plan.
Conspiring with Spouse or Partner
Section 67 Crimes Act 1961
A person is capable of conspiring with his or her spouse, civil union partner or any other person.
Jurisdiction
It is an offence not only to conspire to commit and offence in NZ. It is also to conspire to do or omit in any part of the world, anything the doing or omitting of which would be an offence if done or omitted in New Zealand.
Not all acts or omissions forming part of the offence need to be committed in NZ; some, perhaps all, may occur outside.
Conspiracy entered into overseas
No jurisdiction unless they are physically present in NZ and they act in continuance of the conspiracy.
Conspiracy between parties in NZ and other country
Conspiracy formed in both countries simultaneously. Given NZ is one of those countries in which conspiracy falls, it would lie within the jurisdiction of NZ Courts.
Admissibility of Evidence
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against others involved. This being an exception to the hearsay rule and as such conspirators should be jointly charged.
However, this does not include explanations made after the common purpose is carried out. The, the explanation is evidenced only against the person making it.
Specific Offences
Crimes Act 1961 contains specific provisions for conspiracy to commit certain offences such a treason, piracy, making false accusations, defeating justice and murder.
Conspiring in relation to controlled drugs MODA 1975.
Prosecution
Generally, charges of conspiracy should not be filed in situations where the substantive offence can be proved.
Laying both a substantive charge and a related conspiracy charge is often undesirable because:
- Evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
- The Judge may disallow the evidence as it will be too prejudicial, i.e. the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
- Additional conspiracy charge may unnecessarily complicate and prolong the trial.
- Severance may be ordered. This means that each charging document may be heard at separate trials.
However, if a substantive offence does not adequately represent the total criminality, you may need to include a charge of conspiracy.
Interviewing conspiracy suspects
- The existing agreement to commit an offence.
- The existing agreement to omit to do something that would amount to an offence.
- The intent of this involved in the agreement.
- The identity of all people concerned.
- Anything written, said, done to further the common purpose.
Interviewing witnesses
- Identity of people present at the time of agreement.
- With whom the agreement was made.
- What offences was planned.
- Any acts carried out to further the common purpose.
