Conspiracy Liability S310(1) Defs

Question 1

Elements Of conspiracy

Answer 1

1. Conspires
2. With any person
3. To commit any offence

OR

1. To do or omit, in any part of the world
2. Anything of which doing or omission in NZ would be an offence

Question 2

Conspires

Answer 2

Two or more people forming an agreement to do an unlawful act or do do a lawful act by an unlawful means

The actus reus is the actual agreement by 2 or more people to carry out the illegal conduct

The offenders mental intent must be to commit the full offence

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

A person withdrawing from the agreement is still guilty.

Question 3

Mulcahy V R

Answer 3

Conspiracy consists not just 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. When two agree to carry out the intended offence, the plot is an act in itself.

Question 4

R v Sanders

Answer 4

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and is in existence until it is ended by completion or abandonment or in any other manner by which agreements are discharged

Question 5

With any person

Answer 5

A person cannot conspire along, must be another conspirator for an offence to be committed

Question 6

R v White

Answer 6

Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 7

To commit an offence

Answer 7

May be described as any act or ommision that is punishable on convictionunder any enactment