Association Offences - Conspiracy Liability

Question 1

Act, Section & Elements of Conspiring to Commit Offence

Answer 1

Conspiring to Commit an Offence
Section 310 Crimes Act 1961
Sentance: Half the term of the full offence or a maximum of 7 years.
- 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

Define Conspires

Answer 2

Two of more people forming an agreement to do an unlawful act or to do a lawful act by unlawful means. Where there is only the intent to commit the offence without an agreement, then no offence is committed.

Question 3

Mulcahy v R

Answer 3

A conspiracy consists not merely in the intent of two or more people, but in the agreement of two or more people to do an unlawful act.

Question 4

R v Sanders

Answer 4

A conspiracy does not end with the making of the agreement. The agreement continues until it is ended by its completion or abandonment.

Question 5

What are the elements of an agreement?

Answer 5

1. Mens rea (Mental Intent)
   - An intention of the parties involved to agree, and
   - an intention that the relevant course of conduct should be pursued by those parties to the agreement.
   The offenders’ intent must be to commit the full offence.
2. Actual Agreement (Actus reus)
   - The actual agreement of two or more people to carry out the offence. Physical acts such as words or gestures are considered to be the actus reus, w

Question 6

Define intent

Answer 6

A deliberate act or omission with intent to produce a specific result. The act or omission must be more than accidental or involuntary.

Question 7

R v White

Answer 7

Where you can prove that a suspect conspired with two or more people, that suspect can still be convicted even if the identity of the other parties is never established.