1. Conspiracy - Summary Flashcards
1
Q
Point 1
what is conspiracy?
Must Know
A
- Conspiracy is an agreement by two or more people to commit an offence or to do or omit to do anything that would be an offence anywhere in the world.
2
Q
Point 2
What must be intended for conspiracy?
Must Know
A
- The intent of the offenders must be to commit the offence.
3
Q
Point 3
When is the offence not complete?
Must Know?
A
- You can effectively withdraw from a conspiracy before an agreement is reached, but not following the agreement to commit the intended offence.
3
Q
Point 4
When is the offence complete?
Must Know
A
- The offence of conspiracy is complete on the offenders agreeing to commit an offence, and continues until they have carried out their objective or until it is abandoned or frustrated (eg one of the parties to the conspiracy dies). A person who later withdraws from the agreement is still guilty of conspiracy.
4
Q
Point 5
What actions constitute agreement?
Must Know
A
- The actual agreement need not warrant discussion or decision on how the offenders will actually go about the commission of the offence, a simple verbal agreement to commit the offence will suffice.
5
Q
Point 6
What is a defence to conspiracy to commit an offence outside NZ?
Must Know
A
- For an offence intended to be carried out somewhere other than New Zealand, it is a defence to a charge of conspiracy where the person charged can prove that the act or omission was not an offence under the law of the place where it was to be carried out.
6
Q
Point 7
When can a conspirators evidence be used against others?
Must Know
A
- There must be independent evidence of the conspiracy for a conspirator’s evidence to be admitted as evidence against his or her co-conspirator(s).
7
Q
Point 8
Can a person be charged where the other parties are unknown?
Must Know
A
- A person can be charged and convicted of conspiring with a person(s) unknown
8
Q
Point 9
can a person be charged for conspiracy where they are incapable of commi
Must Know
A
- A person can be charged with conspiracy in circumstances where they themselves are incapable of effectively carrying out the substantive offence.
9
Q
Point 10
What should you consider when interviewing suspects?
Must Know
A
- When interviewing conspiracy suspects you should consider: 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; the intent of those involved in the agreement; the identity of all people concerned where possible; and whether anything was written, said or done to further the common purpose
10
Q
Point 11
When should you avoid laying a charge for conspiracy?
Must Know
A
- Where the substantive charge can be proved you should avoid laying a conspiracy charge, unless the substantive charges fail to adequately represent the total criminality of the offending encountered.
11
Q
Point 12
Are partners capable of conspiracy?
Must Know
A
- Spouses or civil union partners are capable of conspiring together.
