Conspriacy Test Flashcards
(11 cards)
What is held in Crimes Act 1961, Section 67?
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.
What is the mens rea (mental element) necessary for a conspiracy?
- an intention of those involved to agree, and
- an intention that the relevant course of conduct should be pursued by those party to the agreement
- the offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed
The mens rea (mental element) necessary for conspiracy is
The offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
A person withdraws from the agreement, are they still liable?
A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.
What was found in R v Sanders in relation to a Conspiracy ending?
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
Circumstantial evidence for proving intent can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Matt released from prison, discusses burglary with Jeff and John, he does not agree, Jeff and John caught waiting for shop to close, what charged?
Matt should not be charged with conspiracy as he did not agree.
What matters should be considered when interviewing conspiracy suspects and witnesses?
Suspects:
- the existence of an agreement to commit an offence, or
- the existence of an agreement to omit to do something that would amount to an offence, and
- the intent of those involved in the agreement
- the identity of all people concerned where possible
- whether anything was written, said or done to further the common purpose.
Witnesses:
- the identity of the people present at the time of the agreement
- with whom the agreement was made
- what offence was planned
- any acts carried out to further the common purpose
When is evidence from the defendant(s) admissible for Conspiracy
The intention, of the parties involved, to actually carry out the offence is an essential element to a conspiracy charge. There must be a common aim to commit some offence and an intention that the aim is to be effected.
Anything a conspirator or party to a joint charge says or does to further the common purpose is admisible against the other involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.
However, this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.
What are reasons why laying a substantive charge and conspiracy charge are undesirable
- The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
- The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
- The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
- Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
- Severance may be ordered. This means that each charging document may be heard at separate trials.
Friends overseas agree on a plan to beat a mtural enemy to death. On arrival back in NZ one of them gets cold feet and decides against the murder. Liable?
No, a person who has entered into a conspiracy overseas is amenable to the jurisdiction of New Zealand courts only if they are later physically present in New Zealand and they act in continuance of the conspiracy.
