1. Conspiracy

Question 1

What is a conspiracy ?

When is is complete?

Answer 1

An agreement between 2 or more people to commit an offence.

Occurs before principle offence is committed.

Comes after the intent to commit crime, before the attempt.

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

Question 2

Conspires to Commit Offence
Section 310(1) Crimes Act 1961

Answer 2

• 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 New Zealand would be an
offence.

Question 3

Conspiracy - Mulachy v R

Answer 3

“A conspiracy consists not merely in the intention, but in the agreement of two or more to do an unlawful act.

So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself .

Question 4

Omission

Answer 4

Failure to Act

agreement between the parties concerned may also have as its object an omission (failure to act)

Question 5

Withdrawing from an agreement

Answer 5

Person who withdraws after agreement is made to commit offence is still guilty of conspiracy, but of withdrawal made prior to agreement then not liable.

Question 6

When does Conspiracy End

R v Sanders

Answer 6

“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”.

Question 7

Mens Rea and Actus Rea for Conspiracy

Answer 7

Mens Rea
• 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

mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.

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

Mere passive presence or knowledge of an intention does not amount to being a party to the conspiracy.

Question 8

Intent

Answer 8

intention to commit the act. intention to get a specific result.

R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include:
• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself.

Question 9

Two or More People

R v White

Answer 9

Circumstantially Proven. A person cannot conspire alone.

R v White
Where you can prove that a suspect conspired with other parties (one or more people) 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 10

Section 67 Conspires with Spouse or Partner

Answer 10

A person is capable of conspiring with his or her spouse or civil union partner

Question 11

Offence Explained

Answer 11

any act or omission that is punishable on conviction under any enactment.

Question 12

Act and Omission Defined

Answer 12

Act- Take Action or do Something to bring a particular result.

Omission- a failure to fulfil a moral or legal obligation

Question 13

Jurisdiction S7 CA

Answer 13

A person charged with conspiracy need not have been in New Zealand at the time of the act, omission or event.

Offence to conspire to do or omit in any part of the world, which would be an offence if done or omitted in New Zealand.

In R v Sanders it was deemed sufficient if one act or omission or “any event necessary to the completion of any offence” occurs in New Zealand.

Question 14

Investigative Procedure
Witnesses
What should you cover when interviewing witnesses

Answer 14

• 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.

Question 15

Investigative Procedure
Suspects
What should you establish when interviewing Suspects

Answer 15

• 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.

Question 16

Prosecuting:

Charges

Answer 16

Generally, charges of conspiracy should not be filed in situations where the specific (substantive) offence can be proved.

Laying both charges is undesirable because of:

• May have a prejudicial effect.
• 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.

Question 17

Admissibility of Evidence for Conspiracy

Answer 17

Intention to carry out the offence is an essential element.

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 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.