Conspiracy

Question 1

The legislation - Conspiring to commit offence

Answer 1

S310(1) Crimes Act 1961

Question 2

Elements of the offence of conspiracy - S310(1) Crimes Act 1961

Answer 2

1. Conspires
2. With any person
3. To commit any offence

OR

1. To do or omit, in any part of the world
2. Anything of which doing or omission in NZ would be an offence

Question 3

Conspires

Answer 3

An agreement between two or more people to commit an offence.

Where there is an intention to commit the offence without an agreement, then no offence is committed

Question 4

R V Mulcahy

Answer 4

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 design rests in intention only it is not indictable.

When agree to carry it (the intended offence) into effect, the very plot its self is an act

Question 5

Omission

Answer 5

The action of excluding or leaving out someone or something. A failure to fulfil a moral or legal obligation

Eg: Security purposely leaving a door unlocked for a burglary

Question 6

When is the offence of conspiracy complete?

Answer 6

The offence is complete on the agreement being made, accompanied by the required intent. It does not require any further progression toward its completion by those involved in the agreement.

Question 7

What was held in R V Sanders?

When a conspiracy ends

Answer 7

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existance until itis ended by completion of its performance or abandonment or in any other manner by which agreements are charged.

Question 8

What was held in R V White?

Two or more people

Answer 8

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 other parties is never established and remains unknown.

Question 9

Explain the liability of a person who agrees to commit an offence with another person but then withdraws from the agreement before the completion of the intended offence.

Answer 9

A person withdrawing from 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.

Question 10

Agreement requires physical and mental faculties

What are these?

Answer 10

The mens rea (mental intent) necessary for a conspiracy 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.

Question 11

Actus Reus

Answer 11

The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct.

Question 12

Mens Rea

Answer 12

The offender’s mental intent must be to commit the full offence.

Question 13

Conspiring with a spouse

Answer 13

Yes you can S 67

Question 14

Act Defined

Answer 14

Act – To take action or do something, to bring about a particular result.

Question 15

Conspiracy entered into overseas

Answer 15

A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in Continuance of the conspiracy

Question 16

Conspiracy to commit an offence overseas (defence)

Answer 16

The person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed.

Question 17

Admissibility of evidence exception top the hearsay rule

Answer 17

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the other 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.

Question 18

Whys is it often undesirable to lay both a substantive charge and a related conspiracy charge?

Answer 18

Charges of conspiracy should not be filed in situations where the specific (substantive) offence can be proved.

Laying both a substantive charge and a related conspiracy charge is often undesirable because:

• the evidence admissible only to conspiracy may have a prejudicial effect in relation to other charges
• the judge may disallow the evidence as it will be too prejudicial
• the addition of a conspiracy charge may unnecessarily complicate and prolong a trial
• where a charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
• severance may be ordered

Question 19

Witnesses investigation procedure

Answer 19

1- The identity of the people present at the time of the agreement
2- With whom the agreement was made
3- What offence was planned
4- Any acts carried out to further the common purpose

Question 20

Suspects – Interview the people concerned and obtained statements to establish:

Answer 20

1. The existence of an agreement to commit an offence OR
2. The existence of an agreement to omit or do something that would amount to an offence AND
3. The intent of those involved in the agreement
4. The identity of all people concerned where possible
5. Whether anything was written, said or done to further the common purpose