Conspiracy Flashcards
Conspiracy
Section/Penalty/Elements
Conspiracy
S310(1) CA61
7 Years Imp
if penalty of that offence exceeds 7 years - otherwise same penalty
- 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.
S310(1) Element 1/3
Conspires
What case laws and definitions for this element?
Caselaw:
Mulchay v R
R v Sanders
S310(1) Element 2/3
With any person
What case laws and definitions for this element?
Person: Gender neutral, proven by judicial notice or circumstantial evidence.
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
Caselaw: R v White
S310(1) Element 3/3
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.
What case laws and definitions for this element?
Definition:
- Offence
- Act
- Omission
Mulcahy v R
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.
______________________
- A conspiracy consists
- Not merely in the intention of 2 or more
- But in the agreement of 2 or more
- To do an unlawful act
When is conspiracy complete?
The offence is complete on the agreement being made with the required intent.
R v Sanders
(When a conspiracy ends)
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”.
____________
- A conspiracy does not end
- With the making of the agreement
- It continues until completion or abandonment
What is the mens rea of conspiracy?
- 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.
What is the actus reus of conspiracy?
The actual agreement by two or more people to carry out the illegal conduct.
Definition: Intent
Deliberate act to get a specific result
Case law:
R v Collister
R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent
Note: Intent
R v White
Unknown Identities
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.
Of note
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
____________
- When you can prove that a suspect
- Conspired with other parties (1 or more)
- Whose identities are unknown
- That suspect can still be convicted
Definition: Offence/Crime
They may be described as any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in s6, Criminal Procedures Act 2011.
Definition: Act
Act: To take action or do something, to bring about a particular result.
Definition: Omission
Omission: the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
