Conspiracy 1 Flashcards
Elements – Conspiracy
The elements of the offence of conspiracy are:
Sec 310(1) CA61
· 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
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.
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 ….”
Withdrawing from the agreement:
Withdrawing from the agreement:
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.
Example: Three people intend to commit a service station robbery. The first two parties agree that they, collectively, will commit the offence while the third reconsiders and withdraws before the agreement is made. The first two are co-conspirators but because the third withdrew before the agreement was made the third party would not be liable.
R v Sanders - (When a conspiracy ends)
R v Sanders - (When a conspiracy ends)
“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 its performance or abandonment
or in any other manner by which agreements are discharged”.
Agreement requires physical and mental faculties:
The conspiratorial agreement requires the operation of both the physical and mental faculties.
The mens rea (mental intent) necessary for a conspiracy is:
· 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
The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.
Actus reus - Conspiracy:
Actus reus - Conspiracy:
The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct.
There is no requirement for the conspirators to actually carry out the illegal conduct on which the agreement is based.
Mens rea - Intent:
Mens rea - Intent:
Mens rea (Intent) The offenders’ mental intent must be to commit the full offence.
Where this intent does not exist no crime has been committed.
*Conspiring with spouse or partner - Section 67, Crimes Act 1961
*Conspiring with spouse or partner - Section 67, Crimes Act 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 explained
**Offence explained:
“Offence” and “crime” are words that are used interchangeably in statute,
and there is no material difference between them.
They may be described as any act or omission that is punishable
on conviction under any enactment, and are demarcated
into four categories described in s6, Criminal Procedures Act 2011.
**Act and omission defined:
**Act and omission defined:
Act: to take action or do something, to bring about a particular result.
omission: the action of excluding or leaving out someone or something. A failure to fulfil a moral or legal obligation.
