1. Conspiracy Flashcards
What are the elements of conspiracy - s310(1)?
- 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 New Zealand would be an offence
What is a conspiracy?
It is two or more people forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.
(where there is only the intention to commit the offence without an agreement, then no offence is committed)
What is the case law regarding a conspiracy intention vs agreement?
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 into effect, the very plot is an act in itself.
- Mulcahy v R
What is held regarding someone withdrawing from a conspiracy?
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.
When is the offence of conspiracy complete?
the offence is complete on the agreement being made with the required intent.
What is the case law regarding the ending of a conspiracy?
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.
- R v Sanders
What is the actus rea of a conspiracy?
it is 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).
What is the mens rea for a conspiracy?
the offenders mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
How are the parties in a conspiracy proven?
this is proven circumstantially. A person cannot conspire alone, there must be another conspirator for an offence to be committed. This may include a person who is unable to carry out the substantive offence themselves.
What is the case law regarding suspects for a conspiracy?
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.
- R v White
What is an offence?
any act or omission that is punishable on conviction under any enactment.
What is held regarding conspiring with a spouse or partner?
A person is capable of conspiring with their spouse, civil union partner.
What is held regarding jurisdiction?
a person charged with conspiracy need not have been in NZ at the time of the act, omission or event.
what is a defence to conspiracy?
if it can be proved that the act or omission was not an offence under the law of the place where it was intended to be carried out
what is held regarding admissibility of evidence for conspiracy?
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.
(this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it).
