Conspiracy

Question 1

What is the section and act for Conspiracy

Answer 1

Section 310, CA 1961

Question 2

What are the elements of Conspiracy

Answer 2

Conspires

With any other person

to commit any offence

OR

to do, or omit, in any part of the world

anything of which the doing or omission in NZ would be an offence

Question 3

what are the max terms for Conspiracy

Answer 3

7 years if the max term of that offence exceeds 7 years

in any other case, same punishment as if they had committed the offence

Question 4

explain conspires with case law

Answer 4

Mulcahy v R

A conspiracy relies on the subjects forming an agreement to do or carry out an unlawful act, or to do a lawful act by unlawful means. When there is only the intention to commit the offence then no offence is committed.

Question 5

what is an omission

Answer 5

failure to act

e,g security intentionally not locking a door when he has a duty to do so

Question 6

explain withdrawing from the agreement

Answer 6

a person withdrawing from the agreement is still guilty of conspiracy.

a person can withdraw before the agreement is made.

Question 7

when is conspiracy complete

Answer 7

when the agreement is made between two or more people with the required intent.

Question 8

using case law explain when conspiracy ends

Answer 8

R v Sanders

does not end with the making of an agreement. in existence until completion of its performance or abandonment in any other manner

Question 9

explain the physical requirements of agreement

Answer 9

actus reus

the agreement by two or more people to the common design into effect. no requirement for them to carry out the illegal act of which the agreement is based.

acts, words and gestures are used to make the agreement (expressed or implied)

Question 10

explain the mental requirements of agreement

Answer 10

an intention of those involved to agree

an intention that the relevant course of conduct should be pursued by those party to an agreement

mental intent to commit the full offence

Question 11

Does passive presence or knowledge of an intention amount to party of a conspiracy

Answer 11

no

Question 12

explain intent

Answer 12

intent to commit a deliberate act or omission

Intent to get a specific result

Question 13

what is intent, using case law

Answer 13

R v Collister

an offenders intent can be inferred by circumstantial evidence

actions and words, before, during or after the act

nature of the act itself

surrounding circumstances

Question 14

Can a person conspire alone

Answer 14

no

Question 15

using case law, explain if a person can conspire with an unknown person (police)

Answer 15

R v White

where you can prove that a suspect conspired with another person or more whose identities are unknown, the suspect can still be convicted even if the identity of the other person(s) is never established and remains unknown

Question 16

Is a person capable of conspiring with spouse or partner

Answer 16

yes, section 67 CA61

Question 17

explain jurisdiction and conspiracy

Answer 17

the person charged with conspiracy need not have been in NZ at the time of the act, omission, offence

not all acts or omissions forming the offence need to have been committed in NZ

Question 18

explain conspiracy entered into overseas

Answer 18

NZ courts have no jurisdiction over who enters the conspiracy overseas and never comes to NZ

they have to later be physically present in NZ and in continuation of the conspiracy

Question 19

explain conspiracy to commit an offence overseas

Answer 19

it is an offence to conspire to commit an offence or to do or omit anything , in ay part of the world if it would be an offence in NZ

Question 20

what is a defence to conspiracy to commit an offence overseas

Answer 20

prove that it is not an offence under the law where it was to be committed

Question 21

according to R v Darwish what happens when parties conspire between NZ and another country

Answer 21

courts will take the view that the conspiracy formed in both countries and given NZ is one country it would lie in jurisdiction of NZ courts.

Question 22

Explain two parts of the admissibility of evidence

Answer 22

exception to hearsay rule, anything a party says to further common purpose and admissible against others involved.

does not include explanations after common purpose, this would be only evidence against who said it

Question 23

what offences are there specific provisions for conspiracy under CA61

Answer 23

treason, piracy, making false accusations, defeating justice and murder

also drugs MODA75

Question 24

what should be in investigation witness statements

Answer 24

identity of persons at time of agreement

who made agreement

what offence planned

any acts carried out towards common purpose

Question 25

what should be in investigation suspect statements

Answer 25

existence of an agreement intent of involved identity of parties any words, conduct towards common purpose

Question 26

what is paramount for conspiracy prosecution charges

Answer 26

conspiracy should not be charged when you can prove the substantive offence

Question 27

name 5 reasons why laying a substantive charge and conspiracy charge is undesirable

Answer 27

severance - charging docs at different trials abuse of process if conspiracy not founded on evidence evidence disallowed as conspiracy evidence is prejudicial to the substantive, jury may not look at evidence for substantive based on assumption from conspiracy prejudicial to other charges complicate and prolong trial

Question 28

must a supervisor approve before laying conspiracy charges

Answer 28

yes

Question 29

Name the three case law for conspiracy

Answer 29

Mulcahy v R R v White R v Sanders