Conspiracy

Question 1

What section is Conspiring to commit an offence?

Answer 1

s310, Crimes Act 1961

Question 2

Describe legislation for conspiring to commit an offence.

Answer 2

Everyone who 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 NZ would be an offence, is liable to imprisonment

Question 3

What does the Crown need to prove for a conviction of conspiracy?

Answer 3

1. two or more people were involved
2. an agreement was made
3. the agreement was made to commit an offence
4. at the time of the agreement their intention was to commit the offence

Question 4

What must there be for a conspiracy to occur? And case law

Answer 4

For a conspiracy there must be both an intention as well as agreement to do an unlawful act or a lawful act by unlawful means.
(Mulcahy v R)

Question 5

Can a person withdraw from a conspiracy agreement?

Answer 5

Yes but they are still guilty of conspiracy. If they withdraw before the actual agreement is made then they are not guilty.

Question 6

When is conspiracy complete?

Answer 6

It is complete on the agreement being made with the required intent.

Question 7

What is the actus reus and mens rea for conspiracy?

Answer 7

actus reus - the actual agreement to carry out the illegal conduct.
mens rea - the offenders mental intent must be to commit the full offence.

Question 8

Can a person conspire with a spouse or partner?

Answer 8

Yes, this is not a defence for conspiracy.