Association offences Flashcards
Conspiring to Commit Offence
(Act, section and term of imprisonment)
Section 310 Crimes Act 1961
7 years of maximum punishment for that offence exceeds 7 years or in any other case liable to same punishment
- 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
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 do a lawful act by unlawful means.
Element
Conspiracy
At The centre of a criminal conspiracy is the plan (intended objective) Of the parties concerned and the agreement or consensus of two or more people.
Greenfield:
An agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence by one or more parties to the agreement
Element
Omission
The agreement between the parties concerned may also have as it’s object and omission (failure to act) As opposed to the commission of an offence and as such this must not be overlooked.
Example:
A security guard deliberately fails to lock a door that he would normally secure (omission)
With the aim being that his associates gain entry to commit a burglary (offence)
Element
Withdrawing from the agreement - when is someone liable?
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.
However a person can effectively withdraw before the actual agreement is made
Element
Completion of conspiracy - when is the offence complete?
The offence is complete on the agreement Being made with the required intent. No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement as required.
Element
When a conspiracy ends - case law
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 the act or abandonment or in any other manner by which agreements are discharged
Agreement requires physical and mental faculties
The conspiratorially agreement requires the operation of both the physical and mental faculties
Mens Rea
- intent of those involved to agree; and
- an intent that the relevant course of conduct should be pursued by those party to the agreement
Actus Rea
- actual agreement - words, gestures used by conspirators in making their agreement 
Intent
Intention to commit the act
Intention to get a specific result
How do you prove intent?
Circumstantial evidence from which and offenders intent may be inferred can include:
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act it self
R v Collister
Intent can be inferred from the circumstances
Element
Two or more people
This is proven circumstantially. A person cannot conspire alone, there must be another conspirator for an offence to be committed. 
R v White
Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown. 
Sec 67 CA 1961
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union Partner and any other person
Offence
Any act or omission that is punishable on conviction under any enactment and or demarcated into four categories described in section 6 criminal procedures act 2011
Act and omission defined
Oxford Dictionaries
Act: To take action or do something to bring about a particular result
Omission; A failure to fulfil a moral or legal obligation
Jurisdiction Sec 7 CA
For the purpose of jurisdiction, where any act or omission forming Part of any event, 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 New Zealand or not at the time of the act, omission, or event
Conspiracy entered into overseas
A person who has entered into a conspiracy overseas is amenable to the jurisdiction of New Zealand courts only if they are later physically present in New Zealand and they act in continuance of the conspiracy
Admissibility of evidence
Anything at conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, there’s been an exception to the hearsay rule and as such conspirator should be jointly charged
Specific offences
Conspiracy offences
Treason
Piracy
False accusations
Defeating justice
Murder
Investigation procedures
What to cover in Witnesses interviews
- 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
Investigation procedures
What to cover interview suspects
- 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
