Conspiracy Flashcards
Conspiracy
Section, penalty, elements
Conspiracy
Section 310(1) CA61
7 Years Imprisonment (if penalty of that offence exceeds 7 years - otherwise same penalty)
- 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 NZ would be an offence.
Mulcahy v R
A conspiracy consists…
(More than intent, agreement)
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 the offence into effect, the very plot is an act in itself.
When is conspiracy complete
The offence is complete
When is conspiracy complete?
The offence is complete on the agreement being made with the required intent.
Of note
No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required
R v Sanders
A conspiracy does not…
(When a conspiracy ends)
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”.
Actus Reus of Conspiracy
The actual…
Actus Reus of Conspiracy
The actual agreement by two or more people to carry out the illegal conduct.
The acts reus (physical element):
- physical acts, words, or gestures used by the conspirators in making their agreement (whether this is an express or implied agreement)
Mens Rea of Conspiracy
The mens rea (mental intent) necessary for a conspiracy is:
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.
Of note
The offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
R v White
Where you can prove…
(Unknown Identities)
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.
Of note
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
Definition of Offence/Crime
They may be described as 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.
