Conspiracy Flashcards
What is a conspiracy
It relies on the subjects (two or more of them) forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.
What is an omission
The agreement between the parties concerned may also have as its object an omission (failure to act) as opposed to the commission of an offence
When can you withdraw from an 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.
Mens Rea and Actus Reus of a conspiracy?
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.
What is intent?
Deliberate Act with Intent to produce a result
Two or more people
This is proven circumstantially. A person cannot conspire alone; there must be another conspirator for an offence to be committed.
This may include, as one of the parties, a person who is unable to carry out the substantive offence themselves. For example, this might be someone who has a physical impediment that does not enable the person to commit the substantive offence. Despite such an impediment it does not lessen their involvement in any conspiracy to which they are a party.
When can a Conspiracy entered into overseas be charged?
Under the common law rules as to jurisdiction over conspiracy offences 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.
What to obtain from witnesses of a conspiracy?
Interview and obtain statements from witnesses covering:
• 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.
What to obtain from suspects of a conspiracy?
Interview the people concerned, and obtain statements, to establish:
• 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.
Charging for conspiracy
Laying both a substantive charge and a related conspiracy charge is often undesirable because:
• The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
• Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
• Severance may be ordered. This means that each charging document may be heard at separate trials.
