Comspiracy Flashcards
What is the section and penalty for conspiracy?
- Section 310(1) CA1961
- 7 Years
- If penalty of offence exceeds 7 years - otherwise same penalty
Elements
-conspires
-with any person
-to commit any offence
OR
-to do or omit, in any part of the word,
-anything of which the doing or omission in NZ would be an offence.
MULCAHY V R
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 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.
When is a conspiracy complete?
-The offence of conspiracy is complete in the agreement being made with the intent required.
Of note:
No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required.
How can an omission be used in a conspiracy?
- A failure to act eg security guard fails to lock door on purpose as opposed to the commission of an offence.
R V SANDERS
“ A conspiracy does not end with the making of the agreement. The conspirational agreement continues in operation and therefore in existence until its ended by completion of its performance, its abandonment or any other manner by which agreements are discharged”
What is the actus reus of conspiracy?
-The actual agreement by two or more people to carry out the illegal conduct.
Of note:
-a verbal agreement with suffice and there is no need for them to have made a decision on how they will actually commit the offence.
Mere passive presence or knowledge of an intention does not amount to being a party to the conspiracy.
What is the men’s rea of conspiracy?
-an intention of those involved to agree; and
-an intention that the relevant course of conduct should be pursued by those party to the agreement.
Of note:
-the offenders mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
What is intent?
-in a criminal law context there are two specific types of intention in an offence. firstly, the intent to commit the act and secondly, an intention to get a specific result
How can intent be proved?
Circumstantial evidence from which an offender intent can be inferred can include;
-the offender’s actions and words before, during and after the event.
-the surrounding circumstances
-the nature of the act itself.
How can “two or more” people be proven?
- this can be 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 (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.
Of note:
A person cannot conspire alone
What is the definition of offence/ crime?
- They may be described as any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories as described in s6 CPA2011
What is the definition of “act” and “omission”?
Act: to take action or to do something, to bring about a particular result.
Omission: The action of excluding or leaving something or someone out, a failure to fulfil a moral or legal obligation
Is a person that withdraws from an agreement still guilty of conspiracy?
-a person withdrawing from an agreement is still guilty of conspiracy as are those people who became party to the agreement after it has been made. However a person cannot conspire effectively withdraw before the actual agreement is made
Jurisdiction
Section 7 CA1961
- for the purpose of this jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in NZ, the offence shall be deemed to be committed in NZ, whether the person charged with the offence was in NZ or not at the time of the act, omission or event.
Does a person charged with consumers to have been in NZ at the time of the act, omission or event?
No they do not
Conspiracy entered into overseas
-under the common law rules is the jurisdiction over conspiracy offences. A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.
Conspiracy to commit an offence overseas
-Under section s310 of the CA1961, it is an offence to conspire to commit an offence or to do anything, in any part of the world that would be an offence in NZ. The person has a defence if they are able to prove that the act is. It an offence under the law of the place where it was to be committed.
Conspiracy between parties in NZ and other country
R v DARVISH, Held that where a conspiracy is made between parties in NZ and another country, the courts will likely take the view that the conspiracy was formed in both countries simultaneously and given NZ is one of these countries in which the conspiracy falls, it would be within the jurisdiction of the NZ courts
Admissibility of the evidence
-The intention, of the parties involved the actually carry out the offence is an essential element to a conspiracy charge. There must be a common aim to commit some offence and an intention that the aim is to be effected.
Investigative procedure
Interview witnesses and obtain statements covering what?
- identity of people present at time of agreement.
- with whom the agreement was made
- what offence was planned
- any acts carried out to further the common purpose.
Interview suspects/ people concerned, and obtain statements to establish what?
- 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
- intent of those involved in agreement.
- identity of all people concerned where possible
- whether anything was written, said or done to further the common purpose.
