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Association > 1. Conspiracy > Flashcards

1. Conspiracy Flashcards

1
Q

What are the elements for Conspiracy?

A
  • Conspires
  • With any person
  • To commit an 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.
C
W
T
T
A
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2
Q

Does Conspiracy rely on intention of an offence alone?

A

No, in order for the offence to become Conspiracy there needs to be an agreement between two or more people in order it for it to be an offence.

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3
Q

What is found in R v Mulcahy?

A

A CONSPIRACY CONSISTS not merely in the INTENTION of 2 or more, BUT in the AGREEMENT of 2 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…

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4
Q

Give an example of an omission?

A

A security guard deliberately not securing a door so offenders can burgle property.

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5
Q

At what point can a person can withdraw without committing Conspiracy?

A

Before the agreement is made with others, however if the agreement is made then he withdraws the offence has still been committed.

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6
Q

When is the offence of Conspiracy complete?

A

It is complete when the agreement is made. Once this is done no further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required.

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7
Q

In relation to the conspiracy ends, what case law rules on this?

A

R v Sanders

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.

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8
Q

What is the mens reas and actus reus elements of conspiracy?

A

The mens rea is the intention to committed the offence.

The actus reus is the physical part where the agreement is made between two or more people.

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9
Q

Proving intent, how can circumstantial evidence prove intent?

A
  • Offenders’s actions and words before, during or after the event
  • surrounding circumstances
  • the nature of the act itself
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10
Q

Can a person still be charged with conspiracy if the party they made the agreement with is unknown?

A

Yes a person still can be convicted without their accomplish.

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11
Q

What was found in R v White?

A

R v White

Where you can prove that a suspect has conspired with other parties (1 or more) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

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12
Q

What section covers conspiracy with partners etc…and what does it say?

A

Section 67 CA 61.

A person is capable of conspiring with his or her spouse or civil union partner and any other person.

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13
Q

How is Offence explained?

A

Offence and Crime are terms used interchangeably in statue and there is no material difference.

They may be described as an ACT or OMISSION that is punishable by imprisonment on conviction.

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14
Q

How is ACT defined?

A

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

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15
Q

Define OMISSION?

A

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

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16
Q

Jurisdiction what section is it and what does it say?

A

Section 7 - Crimes Act 1961

  • For the purpose of jurisdiction,
  • Where any act or omission forming part of any offence,
  • OR any event necessary to the completion of any offence occurs in New Zealand
  • the OFFENCE shall be deemed to be committed in New Zealand,
  • whether the person charged with the OFFENCE was in NZ or not at the time of the act omission OR event.
17
Q

Under section 7 does a person have to be in NZ when committing part of any offence?

A

No the jurisdiction extends outside of NZ meaning if the offence is in New Zealand and you are outside at the time of the act, omission or event.

18
Q

What case law deems it sufficient for jurisdiction to extend outside of NZ?

A

R v Sanders found it sufficient if one act or omission forming part of the offence or any event necessary to the completion of any offence occurs in NZ.

19
Q

What is the view of the Courts around conspiracy that is committed overseas?

A

The Court has an amenable view to the jurisdiction only if the offender is present in NZ at a later time and the act is an continuance of the conspiracy.

20
Q

Is it an offence to conspire to commit an offence while in New Zealand for an offence overseas?

A

Yes it is under section 310, however it is a defence if the offence is not an offence in the other country although it may be an offence in NZ.

21
Q

How does the NZ Court deal with parties who conspire

between NZ and overseas?

A

The Court will view it is as the conspiracy being simultaneously in both countries meaning it will lie within the jurisdiction of NZ courts.

22
Q

What is required in order for INTENT to be identified for the offence of conspiracy to be fulfilled?

A

The INTENT must be shown that there is a common aim between all the parties.

23
Q

Define INTENT?

A

There are two types of intent in the criminal law context, first is there must be an intent to commit the act, the second is there must to an intent to achieve a specific result.

Intent means that act or omission must be done DELIBERATELY. The act or omission must be more than mere involuntary or accidental.

24
Q

What are some of the offences that have specific provisions for conspiracy?

A 
T - treason 
P - piracy
M - making false accusations
D - defeating
J - justice
M - murder
25
Q

What is the section for conspiracy?

A

Section 310 Crimes Act 1961

26
Q

What should you establish when taking statements from suspects of conspiracy?

A

C - existence of an agreement to COMMIT an offence,
or
O - existence of an agreement to OMIT to do
something that would amount to an offence.

I - the INTENT of those involved in the agreement

I - the IDENTITY of all people concerned where
possible

W - whether anything was WRITTEN, said or done to
further the common purpose.

27
Q

What should you establish when taking statements from witnesses of conspiracy?

A

I - the IDENTITY of the people present at the time of
the agreement.
A - with whom the AGREEMENT was made.
P - what offence was PLANNED.
P - any acts carried out to further the common
PURPOSE.

28
Q

What other avenues you should consider when investigating conspiracy?

A

Search Warrants - Production Orders etc…Telecommunication.

29
Q

When filing a charge of conspiracy, should you file it together with the substantive charge?

A

Generally you should not file it in cases where you can prove the substantive charge.

30
Q

What are some of the reasons to not file a conspiracy charge together with the substantive charge?

A
  • 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.
  • P E
  • J D
  • U C P
  • A P Q
  • S H S T
31
Q

Can a person be charged with conspiracy if the other person is unknown?

A

Yes a person still can be charged.

32
Q

To what degree does the agreement need to be in order for conspiracy to be an offence?

A

There only needs to be a simple agreement with the intent to commit an offence, there is no need to discuss how it will need to actually take place or how a plan will be executed.

33
Q

Does evidence against a conspirator need to be independent in order for it to be used against a co-conspirator?

A

Yes it must be admitted independently.

34
Q

Can a person be charged for conspiracy if they are incapable of effectively carrying out the substantive offence?

A

Yes they still can be charged.

Association (14 decks)

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