association Flashcards
what is a conspiracy
an agreement between two or more people to commit an offence.
Conspiracy S310 Crimes Act 1961
ELEMENTS
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 NZ
would be an offence.
CONSPIRES
A conspiracy is an agreement between two or more people to commit an offence.
CL: Mulcahy v R
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 do a lawful act by unlawful means.
So long as such a design rests in the 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.
ANY PERSON
Atleast one or more (real) persons.
CL: 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 idenity of the other parties is never established and remains unknown.
COMMIT AN OFFENCE
Any act/ommission that is punishable on conviction under any enactment.
TO OMIT
the action of excluding or leaving out someone or something/ failure to fulfil a moral /legal obligtaion.
ANY PART OF THE WORLD
It is an offence to conspire to commit an offence in NZ and in any part of the world that would be an offence in NZ.
Defence: The person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed.
ANYTHING OF WHICH THE DOING OR OMMISSION IN NZ WOULD BE AN OFFENCE
A person charged with conspiracy need not have been in NZ at the time of the act/ommission.
Though to be charged by NZ courts must be physically in NZ and acted in continuance of that conspiracy.
Mulcahy v R
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 a lawful act by unlawful means.
so long as such a design rests in inttention only
it is not indictable.
When two agree to carry it (then intended offence) into effect, the very plot is an act in intself.
Omission
intentional failure to act or exclude something or someone. failure to fulfil a moral/legal obligation.
is a person who withdraws from the agreement still guilty of conspiracy?
Yes, they are still guilty of a conspiracy, as is those people who become party to the agreement after it has been made.
A person can withdraw before the actual agreement is made, meaning they are not liable for conspiracy.
when is a conspiracy complete?
when the agreement has been made with the required intent.
No further involvement is required from any of the parties.
R v SANDERS
a conspiracy does not end with the making of the agreement.
the conspiractorial agreement continues in operation and therefore in existance until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
actus reus and mens rea of conspiracy
Mens rea:
an intention of those involved to agree.
an intention to commit the full offence
Actus reus:
the actual agreement between two or more people to carry out illegal conduct.
what makes up the actus reus of conspiracy?
physical acts, words or gestures which form their agreement.
do they need to know how they will carry out the plan for them to be liable for a conspiracy?
no. a simple word agreement will suffice.
are you party to a conspiracy if are present during that agreement?
mere presence and knowledge does not = liable to conspiracy.
If you were merely present but were not a part of/lacked intent- you are not liable.
Intent
deliberate act, specific outcome
R V COLLISTER
intent inferred by circumstance.
how do you prove intent
offenders words, actions, before during or after.
the surrounding circumstances
the nature of the act itself.
R v WHITE
Where you can prove that a suspect conspires with other parties (one or more people) who identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown
can you conspire with a spouse/partner?
S67 CA 1961- a person is capable of conspiring with their spouse/civil union partner/spouse.
are offences and crimes the same thing?
they are words used interchangably in statute and there is no material difference.
they both describe any act or omission that is punishable on conviction under any enactment.
act means
to take action/ do something/ bring about a result
Jurisdiction and offences-
can you conspire to commit an offence in NZ while not physically in the country?
it is an offence to conspire to commit an offence in NZ, though the acts or omissions may take place outside of NZ.
It is sufficient if one act or omission forming part of the offence occured in NZ.
conspiracy entered outside of NZ
Conspiracy committed outside of new zealand is chargable if that person then enters NZ and is physically present for the continuance of that conspiracy.
NZ courts have no juristiction over a person who enters a conspiracy abroud but never comes to NZ.
defense Conspiracy to enter an offence overseas
it is an offence to conspire to commit an offence / omit an act in any part of the world that would be an offence in NZ.
Though the person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed.
conspiracy and provisions against specific legislation includes
defeating justice
false accusations
murder
piracy
treason
what should you cover when interviewing witnesses re conspiracy?
*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.
what should you cover when interviewing suspects re conspiracy?
*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.