Conspiracy

Question 1

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

** this liability

Answer 1

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 2

*Conspiracy

S/A

Answer 2

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 3

*S/A & M/C
R V Mulcahy

Answer 3

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 4

*Withdrawing from the agreement

Answer 4

A person withdrawing from the agreement is still guilty of conspiracy as are those who became party to the agreement after it has been made.
However a person can effectively withdraw before the actually agreement is made

Question 5

*S/A When is the offence of conspiracy complete? R V Sanders

Answer 5

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 6

*M/C The Actus Reus for conspiracy

Answer 6

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

The agreement must be made before the commission of the offence

Question 7

*M/C & S/A Completion of conspiracy

Answer 7

The offence is complete on the agreement being made with the required intent

Question 8

*M/C The Mens Rea for conspiracy

S/A

Answer 8

The offenders mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed

Question 9

How do you show Circumstantial Evidence when it comes to Conspiracy

Was just worded as Circumstantial Evidence conspiracy

Answer 9

The offenders actions and words before during after the event
The surrounding circumstances
Nature of the act itself

Question 10

Conspiring with a spouse

Answer 10

S67 - A person is capable of conspiring with their spouse or civil union partner and any other person

Question 11

*Words - Offence & Crime

S/A

Answer 11

The words are interchangeable. Act or omission that is punishable on conviction under any enactment and are defined into 4 categories described in S6, Criminal procedure act 2011

Question 12

*Act

Answer 12

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

Question 13

*Omission

Answer 13

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

Question 14

*What was held in R V White?

Two or more people - unknown person

Answer 14

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 15

*M/C 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

Admissibility of evidence exception to the hearsay rule

Answer 16

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.

Question 17

*S/A Witnesses investigation procedure

S/A combined with suspect investigation

Answer 17

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 18

*S/A Suspect investigation procedure

S/A combined with witness investigation

Answer 18

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

Question 19

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

Answer 19

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 20

Conspiracy to commit an offence overseas - defence

Answer 20

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 21

The mens rea necessary for a conspiracy 3 things

Answer 21

1- Intent of those involved to agree
2- Intent to commit the full offence
3- Intent that the relevant course of conduct should be pursed by those party to the agreement