Consipiracy

Question 1

Conspiring to Commit Offence

Answer 1

Crimes Act 1961, Section 310
7 years

• Conspires
• with any person
• to commit any offence or
• to do or omit, in any part of the world,
• anything of which the doing or omission in New Zealand would be an offence.

Question 2

Conspires

Answer 2

Mulcahy v R
“A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself…”

Question 3

When a conspiracy ends

Answer 3

R v Sanders
“A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged”.

Question 4

Agreement require physical and mental faculties

Answer 4

The conspiratorial agreement requires the operation of both the physical and mental faculties.

The mens rea (mental intent) necessary for a consipracy is:
- an intention of those involved to agree, and
- an intention that the relevant course of conduct should be pursued by those party to the agreement

The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect. THe agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 5

Intent

Answer 5

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself.

Question 6

Two or more people

Answer 6

R v White
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 7

Witnesses

Answer 7

Interview and obtain statements from witnesses covering:
- the identity of the people present at the time of the agreement
- with whom the agreement was made
- what offence was planned
- any acts carried out to further the common purpose.

Question 8

Suspects

Answer 8

Interview the people concerned, and obtain statements, to establish:
- the existence of an agreement to commit an offence, or
- the existence of an agreement to omit to do something that would amount to an offence, and
- the intent of those involved in the agreement
- the identity of all people concerned where possible
- whether anything was written, said or done to further the common purpose.