Evolution Of The Offence - Conspiracy

Question 1

Liability -

Conspiring to Commit an Offence

Answer 1

Section 310(1)

• 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
• Liable to maximum 7 years imprisonment

Question 2

What is conspiracy?

Answer 2

• An agreement between two or more people to commit an offence.
• The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 3

For a conviction of conspiracy, what must be proven?

Answer 3

• 2 or more people were involved
• An agreement was made
• The agreement was to commit an offence; and
• At the time of the agreement their intention was to commit the offence.

Question 4

Mulcahy v R

Answer 4

Conspiracy consists of not only the intention of two or more people, but also the agreement of two or more people to do an unlawful act or a lawful act by any unlawful means.

Only once the two make an agreement, the very plot is an act in itself.

Relates to: Conspiracy

Question 5

What is omission?

Answer 5

The agreement between the parties concerned may also have as its object an omission (failure to act) as opposed to the commission of an offence and as such this must not be overlooked.

Eg. A security guard deliberately fails to lock a door that he would normally secure (the omission), with the aim that his associates gain entry to commit a burglary (the offence).

Question 6

Are you liable if you withdraw from the agreement?

Answer 6

Yes, you are a still guilty of conspiracy. 
Offence complete (Actus Reus and Mens Rea) at time of agreement.

Question 7

When does a conspiracy end?

Answer 7

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

Question 8

What is the actus reus of conspiracy?

Answer 8

The actus reus of conspiracy is the agreement between two or more people to put their common design into effect.

Question 9

What is the mens rea of conspiracy?

Answer 9

The offenders mental intent must be to commit the full offence.
- Where the intent does not exist, no offence has been committed.

Question 10

Liability

- Conspiracy between spouses or civil union partners

Answer 10

Section 67, Crimes Act 1961
- 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.