Conspiracy

Question 1

Conspiracy Elements

Answer 1

• 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

An agreement by two or more people to do an unlawful act or a lawful act by unlawful means

Question 3

Mulcahy v R

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 a design rests in intention obly it is not indictable. When two agree to carry it into effect, the very plot is an act in itself

Question 4

Conspiracy - withdrawing from agreement

Answer 4

• still guilty. includes people who become part to the agreement after it has been made
• if withdraw before agreement is made then not liable

Question 5

Completion of conspiracy

Answer 5

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

no further progression is required

Question 6

Omission

Answer 6

failure to fulfil a moral or legal obligation

Question 7

R v Sanders
when conspiracy ends

Answer 7

a conspiracy does nit end with the making of the agreement. The conspiratiinal agreement continues in operation and therefore in existence until it is ended by completion of its performance or abondenment or in any other by which agreements are diacharged.

Question 8

conspires

mens rea and actus rea

Answer 8

mens rea

• intention to agree
• intention to commit full offence

actus rea

the acts, words or gestures used by conspirators to make agreement

Question 9

Intent

Answer 9

delibrate act to produce specific result

Question 10

proving Intent
R v Collister

Answer 10

• nature of act
• surrounding circumstance
• Offenders actions and words before, furing and after event

Question 11

R v White

Answer 11

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

Question 12

Substantive charge can be proved -Conspiracy

Answer 12

avoid laying a conspiracy charge unless the substantive charge fails to represent the total criminality

Question 13

witness interview

Answer 13

• identity of the people present at the time of the agreemeent
• who made the agreement
• what offence was planned
• the acts carried out to further the common purpose

Question 14

Suspect Interview

Answer 14

• exsistence of an agreement to commit an offence
  or
• the exsistence of an agreement to omit to do something that would amount to an offence
• identity of those involved
• identity of all people concerned where possible
• whether anything was written said or done to further the common purpose