Association offences

Question 1

Conspiring to Commit Offence
(Act, section and term of imprisonment)

Answer 1

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

Question 2

Mulcahy v R

Answer 2

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.

Question 3

Element
Conspiracy

Answer 3

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

Question 4

Element
Omission

Answer 4

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)

Question 5

Element
Withdrawing from the agreement - when is someone liable?

Answer 5

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

Question 6

Element
Completion of conspiracy - when is the offence complete?

Answer 6

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.

Question 7

Element
When a conspiracy ends - case law

Answer 7

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

Question 8

Agreement requires physical and mental faculties

Answer 8

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 

Question 9

Intent

Answer 9

Intention to commit the act
Intention to get a specific result

Question 10

How do you prove intent?

Answer 10

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

Question 11

R v Collister

Answer 11

Intent can be inferred from the circumstances

Question 12

Element
Two or more people

Answer 12

This is proven circumstantially. A person cannot conspire alone, there must be another conspirator for an offence to be committed. 

Question 13

R v White

Answer 13

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. 

Question 14

Sec 67 CA 1961

Answer 14

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

Question 15

Offence

Answer 15

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

Question 16

Act and omission defined

Answer 16

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

Question 17

Jurisdiction Sec 7 CA

Answer 17

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

Question 18

Conspiracy entered into overseas

Answer 18

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

Question 19

Admissibility of evidence

Answer 19

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

Question 20

Specific offences

Answer 20

Conspiracy offences

Treason
Piracy
False accusations
Defeating justice
Murder

Question 21

Investigation procedures

What to cover in Witnesses interviews

Answer 21

• 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

Question 22

Investigation procedures

What to cover interview suspects

Answer 22

• 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