Conspiracy

Question 1

Conspiracy - Section and Penalty

Answer 1

CA61; S310(1)

7 Years Imp
(if penalty of that offence exceeds 7 years - otherwise same penalty)

Question 2

Elements

Answer 2

1. Conspires
2. With any person
3. To commit any offence ; OR
4. To do or omit, in any part of the world,
5. Anything of which the doing or omission in New Zealand would be an offence.

Question 3

What does the offence of conspiracy rely on?

Answer 3

Conspiracy 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.

Question 4

Mulcahy v R

(Mulling over an intention to do an unlawful act … and then agreeing to carry it into effect … being Okahy with the plot).

Answer 4

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.

Question 5

As suggested by Greenfield, what is the essence of a conspiracy?

Answer 5

An agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence by one or more parties to the agreement.

Question 6

When is conspiracy complete?

Answer 6

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

Question 7

If a person withdraws from the agreement, are they still guilty of conspiracy?

Answer 7

• Withdrawal after the agreement - yes.
• Withdrawal before - no.

Question 8

R v Sanders

(A conspiracy continues to exist right until the 11 secret herbs and spices have been obtained)

Answer 8

R v Sanders

“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 9

What is the mens rea of conspiracy?

Answer 9

• 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.

Question 10

What is the actus reus of conspiracy?

Answer 10

An agreement between two or more people to put their common design into effect - the physical acts, words or gestures used by the conspirators in making their agreement.

Question 11

Intent

Answer 11

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 12

R v Collister

Answer 12

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.

Question 13

R v White

(Don’t need to know the identity of Heisenberg to charge for conspiracy)

Answer 13

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 14

Conspiring with spouse or partner

Answer 14

CA61; S67:

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.

Question 15

Commit - definition

Answer 15

To put a plan of action into effect.

Question 16

Definition of Offence/Crime

Answer 16

Any act or omission that is punishable on conviction under any enactment.

Question 17

Act and Omission Definition

Answer 17

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.

Question 18

Withdrawing from the agreement

Answer 18

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 19

Conspiracy entered into overseas

Answer 19

A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.

Question 20

Topics to cover off when you are interviewing witnesses to a conspiracy

(PPAP)

Answer 20

• Identity of the People present at the time of the agreement
• What offence was Planned
• With whom the Agreement was made
• Any acts carried out to further the common Purpose

Question 21

Topics to cover off when you interview suspects for a conspiracy

(AIID)

Answer 21

• The existence of an Agreement to commit an offence OR to omit to do something that would amount to an offence
• 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.

Question 22

What is 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 22

A person withdrawing 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 23

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

Answer 23

When two people agree to carry the plot into effect, the very plot is an act in itself.

Question 24

When is a conspiracy complete?

Answer 24

On the agreement being made, with the required intent. No further progression toward its completion is required.

Question 25

What definitions and/or case laws should be included in your discussion of the liability of:

Conspiracy?

Answer 25

Definition of intent: 2 specific types of intent; R v Collister;

Definition of conspires: Relies on the subjects forming an agreement to do an unlawful act, or to do a lawful act by unlawful means; Mulcahy v R; R v Greenfield;

Definition of person: S2; CA62 - As proven by circumstantial evidence or judicial notice.

Definition of when a conspiracy is complete: The offence is complete on the agreement being made with the required intent; R v Sanders; R v White;

Definition of commit: To put a plan of action into effect;

Definition of offence: Any act or omission that is punishable on conviction under any enactment.

Definition of act/omission: 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.

Definition of entering into a conspiracy overseas: A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.