Conspiracy

Question 1

Conspiracy

Answer 1

Section 310, Crimes Act 1961
7 years (or max if under 7years)

• 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

Question 2

Section 310, Crimes Act 1961

Answer 2

Conspiracy

• 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

Question 3

Mulcahy v R

Answer 3

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. . .

Question 4

Completion of Conspiracy

Answer 4

The offence is complete on the agreement being made with the required intent.
It continues until they have carried out their objective or until it is abandoned or frustrated.

Question 5

R v Sanders

Answer 5

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.

Question 6

Agreement requires physical and mental faculties

Answer 6

The Mens rea (Mental Intent) necessary 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 are:
The physical acts, words or gestures used by the conspirators in making their agreement (whether this is an expressed or implied agreement)

Question 7

Intent

Answer 7

The offenders mental intent must be to commit the full offence.

• Deliberate Act
• Specific result

Proving intent (onus on prosecution)
can be inferred from circumstantial evidence:
- offenders action and words before, during or after the event
- the surrounding circumstances
- the nature of the act itself

Question 8

Two or more people

Answer 8

A person cannot conspire alone, there must be another conspirator for an offence to be committed.

This may include a person who is unable to carry out the substantive offence themselves, despite this it does not lessen their involvement in any conspiracy to which they are a party.

Question 9

R v White

Answer 9

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.

Question 10

Case Law - Convicting one

Answer 10

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.

Question 11

Conspiring with Spouse

Answer 11

Section 67, Crimes Act 1961
A person is capable of conspiring with his or her spouse, civil union partner or with his or her spouse or civil union partner and any other person.

Question 12

‘Offence’ (or ‘Crime’)

Answer 12

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

Question 13

Act and Omission Defined

Answer 13

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.

Oxford Dictionaries, Oxford University Press.

Question 14

Jurisdiction

Section 7, Crimes Act 1961

Answer 14

Where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission or event.

*thus a person charged with conspiracy need not have been in NZ at the time of the act omission or event.

Question 15

Conspiracy to commit an offence overseas

Answer 15

Under section 310, Crimes Act 1961, the person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed.

Question 16

Admissibility of evidence

Answer 16

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.

However, this does not include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.

Question 17

Specific Offences

Answer 17

Crimes Act 1961 contains specific provisions for conspiracy to commit certain offences, such as:
Treason, Piracy, Making false accusations, Defeating justice and Murder.
There are also conspiracy provisions in relation to controlled drugs Section 6(2A) Misuse of Drugs Act 1975.

All other such conspiracies section 310 apply.

Question 18

Interviewing Witnesses

Answer 18

Obtain statements 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

Question 19

Interviewing Suspects

Answer 19

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