Conspiracy Flashcards
What is a conspiracy?
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 do a lawful act by unlawful means. Where it is intent alone it is not indictable but where the two agree to carry the intended into effect, the very plot is an act in itself.
Who must prove intent and to what level?
The prosecution to a level beyond reasonable doubt.
What happens when two people in separate countries form a conspiracy?
It will be deemed to have been made in both countries simultaneously and will fall under NZ’s jurisdiction.
When does a conspiracy end?
R V Sanders
A conspiracy does not end with the making of an agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment in any other manner by which agreements are discharged.
When is a conspiracy complete?
As soon as the agreement is made with the required intent. No further progression towards the offences completion is required.
What is the actus reus of a conspiracy?
Is the actual agreement by two or more people to put their common design into effect and the agreement must be made before the commission of the acts which make up the offence and the object of the conspiracy.
Generally, when should a conspiracy charge not be laid?
When the substantive charge can be proven.
What happens if you can’t identify the person with which the defendant conspired with?
R v White
Where you can prove that a suspect conspired with other parties whose identities are unknown, the suspect can still be convicted even if the identify of the other parties is never established and remains unknown.
What is a defence to conspiring to commit an offence over seas?
When the person is able to prove that the act is not an offence under the law of the place where it was to be committed.
What should be covered off in a suspects interview for a conspiracy?
- The existence of an agreement to commit an offence or omit to do something that would amount to an offence
- the intent of those involved in the agreement
- The ID of all people concerned where possible
- Whether anything was written/said/done to further the common purpose
What is the exception to the hearsay rule for conspirators?
Anything one of the conspirators says or does to further their common purpose is admissible against the other person.
This does not include anything which occurs after the common purpose is carried out.
When interviewing a suspect for a conspiracy what should be covered off?
the existence of an agreement to commit an offence, or
• the existence of an agreement to omit or do something that would amount to an offence,
and
• the intent of those involved in the agreement
• the identity of all people concerned
• whether anything was written, said or done to further the common purpose.
Definition of intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result
What are some offences which contain their own specific provisions in relation to conspiracy?
Treason Piracy Making false acquisitions Defeating justice Murder
Does conspiring to commit an offence outside NZ come under NZ jurisdiction?
It is also an offence to conspire to commit an offence in any part of the world if the doing or omitting of anything would be an offence in NZ.
