Conspiracy

Question 1

What are the ingredients for conspiracy

Answer 1

Section 310 (1) CA 61
Anyone is guilty who:
Conspires
With any other person
To commit an offence OR
To do or omit, in any part of the world
Anything of which the doing or omission in NZ would be an offence

Question 2

Conspires

Answer 2

Mulcahy v R
A conspiracy not only consists of the intention of two or more people to commit an offence, but in the agreement of two or more people to do an unlawful act or a lawful act by unlawful means.

Question 3

Omission (Conspires)

Answer 3

To leave out something important or failure to act.

The agreement between the parties concerned may also have as its object of omission rather then commission of the offence.

IE: a security guard leave a door unlocked to a store that he would normally lock so his associates can enter to commit burglary.

Question 4

Can someone withdraw from an agreement

Answer 4

A person withdrawing from an agreement is still guilty of conspiracy and those people who become party to the agreement after it is made. However a person can withdraw before the agreement is made.

Question 5

When is conspiracy complete

Answer 5

It is complete the moment the agreement is made wiht the relevant intent.

Question 6

R v Sanders (Conspiracy ends)

Answer 6

A conspiracy does not end with the making of the agreement. The agreement continues in operation and therefore in existence until its end by completion or abandonment.

Question 7

Discuss the physical (actus reus) and mental (mens rea) faculties in relation to conspiracy.

Answer 7

The conspiratorial agreement requires the physicakl and mental faculties.

the mental is:

• An intention of those involved to agree and
• An intention that the relevant course of action to be taken by those involved in the agreement.

The physical being:
The agreement between the two or more people to put their common design into effect.

Question 8

Discuss intent

Answer 8

Intent means the act or omission must be done deliberately and must be more then involuntary or accidental.

There must be an intention to commit the act and an intention to get a specific result.

Question 9

Discuss two or more people and case law

Answer 9

R v White
Where you can prove a suspect conspired with other parties whose identitys are unknown, that suspect can be convicted even if the identities of the other parties are never established.

Question 10

Can someone conspire with their spouse/civil union partner

Answer 10

Under S67 CA61 a person is capable of conspiring with their partner or civil partner.

Question 11

Define Act

Answer 11

To do or take action

Question 12

Define omission

Answer 12

The action of leaving or excluding someone or something really important. also means a failure to act.

Question 13

What is section 7 of the CA 61 (Jurisdiction)

Answer 13

Where any act or omission forming part of an offence occurs in NZ, the offence shall be deemed to be commited in NZ

Question 14

Can someone be found guilty who enters into a conspiracy who is overseas

Answer 14

If the person never enters NZ then they will not be liable to conspiracy unless they enter Nz at a later stage and act in continuance of the conspiracy.

Question 15

Can someone be found guilty who enters into a conspiracy in another country

Answer 15

Section 310 (3) states that anyone is liable who conspires with any other person to commit an offence, or do or omit , in any part of the world that would be an offence in NZ. The only defence would be if the offence conspired in that country is not an offence under law. IE.
Example 1
Someone conspires with someone in Australia to set of an explosive in Canberra Parliament. Theyw ould be guilty as Australia has an offence for bombing.

Example 2
Someone conspires with another to take on a second wife in Saudi Arabia. Is an offence her in NZ, Bigamy but the law in Saudi Arabia allow for a man to have up to 4 wives.

Question 16

What should a witness to conspiracy be asked (4)

Answer 16

• The identity of the people present at the time of the agreement.
• With whom the agreement was made
• What offence was planned
• What acts were carried out to further their common purpose

Question 17

What should a suspect to conspiracy be asked (5)

Answer 17

• The existence of an agreement to commit an offence
• The existence to do or omit something that would amount to an offence
• The intent of those involved in the agreement
• The identity of the people involved
• Whether anything was said or writtenor done to further their common purpose.

Question 18

What other investigative avenues do Police have to prove conspiracy

Answer 18

Police should consider search warrant, to search a place and locate and seize evidence to prove the charge. IE electronic devices

Production orders should also be considered for the electronic communication between parties.

Surveillance Device warrants should also be considered if the circumstance justify such action.

Question 19

When should a charge of conspiracy be laid

Answer 19

The obvious is when there is enough evidence to prove the charge of conspiracy.

But if there is enough evidence to charge for the specific offence (ie the actual offence) then the specific charge should be laid and not both.

Question 20

Why shouldn’t both conspiracy and specific charges be laid

Answer 20

• Judge may disaloow evidence as it maybe prejudicial

- The additional charge may complicate and prolong the trials

Question 21

Explain the liability of a person who agrees to commit an offence with another person but then withdraws from the agreement before the completion of the intended offence.?

Answer 21

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.

Question 22

What was held in the case of R v Mulcahy as it relates to conspiracy?

Answer 22

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 23

When is the offence of conspiracy complete?

Answer 23

The offence is complete on the agreement being made, accompanied by the required intent.

Question 24

What five points should be covered when interviewing conspiracy suspects?

Answer 24

• the existence of an agreement to commit an offence, or
• the existence of an agreement to omit or do something that would amount to an offence, and
• the intent of those involved in the agreement
• the identity of all people concerned
• whether anything was written, said or done to further the common purpose.

Question 25

What is a defence to conspiracy

Answer 25

Section 310(3)
A defence to conspiracy is that if someone conspired do some something in another country that is not an offence in that country, that person can not be found guilty. But if that is an offence in that country then they can be found guilty in NZ