Conspiracy Flashcards
Legislation
Conspiring to commit an offence Section 310(1) every one who
- 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,
is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the same punishment as if he had committed that offence
What is a defence to a conspiracy to do or omit when outside of NZ?
That is was not an offence under the law of the place where it was, was to be done, or omitted.
Conspires Case Law
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.
When two agree to carry the design into effect, the very plot is an act in itself ….”
Omission definition
Failure to act: : the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation:
Withdrawing from the agreement
A person withdrawing from the agreement is still guilty of conspiracy unless they withdraw before the actual agreement is made
When is conspiracy complete?
The offence is complete on the agreement being made with the required intent.
No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required
When a conspiracy ends - Case Law
R v Sanders (1984) 1 CRNZ 194
“A conspiracy does not end with the making of the agreement.
The conspiratorial agreement continues in operation and exists until it is ended by completion or abandonment or in any other manner by which agreements are discharged”.
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
Note: Must intend to commit the full offence
The actus reus (physical element) of conspiracy is
The agreement to carry out the illegal conduct
This can be evidenced by physical acts, words or gestures used by the conspirators in making their agreement
A simple verbal agreement will suffice and there is no need for them to have made a decision on how they will actually commit the offence.
Intent defintion
Two types of intent:
Deliberate Act:
“Intent” means that act or omission must be done deliberately. The act or
omission must be more than involuntary or accidental.
Intent to produce a result:
The second type of intent is an intent to produce a specific result. Specific result “means aim, object, or purpose”
Circumstantial evidence from which an offender’s intent may 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.
Onus is on the prosecution to prove beyond reasonable doubt
“Two or more people” Unknown identity - Case Law
R v White
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
Act definition
To take action or do something, to bring about a particular result:
