Case Law Flashcards
Mulcahy V R
A conspiracy consists merely in the intention of two or more…but in the agreement of two or more to do an unlawful act…or act my unlawful means.
If a design rests in intention only it is not indictabe.
When two agree to carry the intended offence into effect, the very plot of an act itself
R V Saunders
A conspiracy does not end with the making of the agreement.
The conspiratorial agreement continues in operation and therefore existence until it is ended by completion of its performance…or abandonment…or any other manner by which agreements are discharged.
R v White
Where you can prove that a suspect conspired with other parties (1 or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other party us never established and remains unknown.
R v Sanders
Deemed sufficient if one act or omission forming part of the offence “or even necessary to completion of any offence” occurs in NZ
R v Darwish
Where conspiracy is made between parties in NZ and another country, courts will likely take the view that conspiracy was formed in both countries simultaneously…given NZ is one of those countries, it will lie in jurisdiction of NZ courts
R V Humphries
It was suggested that “it may be appropriate to include a charge of conspiracy where a charge of substantive offence does not adequately represent total criminality
