1. Conspiracy

Question 1

What is conspiracy?

Answer 1

An agreement between two or more people to commit an offence.

Question 2

4. What five points should be covered when interviewing conspiracy suspects?

Answer 2

• 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.

Question 3

4. What five points should be covered when interviewing conspiracy suspects?

Answer 3

• 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.

Question 4

When is the offence of conspiracy complete?

Answer 4

1. The offence is complete on the agreement being made, accompanied by the required intent. It does not require any further progression toward its completion by those involved in the agreement.

Question 5

2 What was held in the case of R v Mulcahy as it relates to conspiracy?

Answer 5

1. 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 to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself,

Question 6

Explain the liability of a person who agrees to commit an offence with another person but then withdraws from the agreement before the completion of the intended offence.

Answer 6

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.

Question 7

Whys is it often undesirable to lay both a substantive charge and a related conspiracy charge?

Answer 7

• the evidence admissible only to conspiracy may have a prejudicial effect in relation to other charges
• the judge may disallow the evidence as it will be too prejudicial
• the addition of a conspiracy charge may unnecessarily complicate and prolong a trial
• where a charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
• severance may be ordered

Question 8

If a substantive charge can be filed, what would be a situation where you would charge with conspiracy aswell?

Answer 8

where the charge of the substantive offence does not adequately represent the total criminality

Question 9

what to cover in suspect interview

Answer 9

• the existence of an agreement to commit and offence or
• the existence of an agreement to omit something that would amount to an offence and
• the intent of those involved in the agreement
• the ID of all people concerned where possible
• whether anything was written, said or done to further the common purpose

Question 10

What to cover in statements from witnesses in conspiracy

Answer 10

• ID of people present at the time of the agreement
• with who the agreement was made
• what offence was planned
• any acts carried out to further the common purpose

Question 11

What are examples of conspiracy to commit certain offences?

Answer 11

treason
piracy
making false accusations
murder

Question 12

if the charge is a specific conspiracy charge what do you charge with

Answer 12

the specific conspiracy charge. otherwise use s310

Question 13

Explain the exception to the hearsay rule in conspiracy

Answer 13

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others 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.

Question 14

**Is something one of the parties in a conspiracy says admissible as evidence against the co offender?

Answer 14

Yes

Question 15

**When a conspiracy is made between parties in nz and another country, the courts will likely take the view that the conspiracy was formed in both countries simultaneously. Will this fall under the jurisdiction of nz courts?

Answer 15

yes

Question 16

**What is a defence to conspiracy to an offence over seas?

Answer 16

the act is not an offence under the law of the place where it was to be committed

Question 17

if a conspiracy happens overseas and the person never comes to nz are they liable?

Answer 17

no

Question 18

a person who has entered a conspiracy overseas is only liable for conspiracy in nz if

Answer 18

they are later physically present in NZ and they act in continuance of the conspiracy

Question 19

Does a person being charged with conspiracy need to have been in New Zealand at the time of the act, omission or event?

Answer 19

no

Question 20

Define ‘omission’

Answer 20

the action of excluding or leaving out someone or something. A failure to fulfil a moral or legal obligation

Question 21

Define ‘act’

Answer 21

to take action or do something, to bring about a particular result

Question 22

Can you conspire with a spouse?

Answer 22

Yes

Question 23

Circumstantial evidence from which an offenders intent may be inferred can include:

Answer 23

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 24

Define intent

Answer 24

intent to commit the act, and intent to get a specific result

Question 25

the actus reus of conspiracy is?

Answer 25

the actual agreement by two or more people to carry out illegal conduct.

Question 26

What is the mens rea for conspiracy?

Answer 26

• intent to commit the fill offence

Question 27

When is conspiracy complete?

Answer 27

When the agreement is made with the required intent.

Question 28

Is a person withdrawing from the agreement still guilty of conspiracy?

Answer 28

yes

Question 29

What is an example of an offence by omission?

Answer 29

Security guard fails to lock a door so associates can do a burg

Question 30

What is the essence of a conspiracy as suggested in Greenfield?

Answer 30

An agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence or involve the commission of an offence by one or more parties to the agreement

Question 31

In a case where the crime has not actually been committed, and where there is insufficient evidence to prove an attempt, what is the appropriate charge?

Answer 31

Conspiracy