Conspiracy

Question 1

Conspiracy
Section 310(1), Crimes Act 1961

Answer 1

(1) Conspires
(2) With any person
(3) To commit any offence or to do or omit in any part of the world
(4) Anything of which the doing or omission in New Zealand would be an offence

Question 2

Mulcahy v R
(Definition)

Answer 2

A conspiracy consists not merely in the intention, but in the agreement to do an unlawful act, or a lawful act by unlawful means. When two agree to carry out the intended offence into effect, the very plot is an act in itself.

Question 3

R v Sanders
(When a conspiracy ends)

Answer 3

A conspiracy does not end with the making of an agreement. The agreement continues in operation and existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged

Question 4

Conspiracy - Mental (mens rea) and physical (actus reus)

Answer 4

Mens rea
- Intention of those involved to agree, and
- Intention that the relevant course of conduct should be pursued by those party to the agreement
(Mens rea must be to commit the full offence)

Actus reus
- The agreement between two or more people to put their common design into effect

Question 5

Proving actus reus

Answer 5

Physical acts, words or gestures used by the conspirators in making their agreement

Question 6

Proving intent

Answer 6

Intent is proven by circumstantial evidence i.e. actions and words, surrounding circumstances and nature of the act itself.

Intent is doing a deliberate act to get a specific result

Question 7

R v White
(co-conspirators still liable)

Answer 7

Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted

Question 8

Offence (definition)

Answer 8

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

Question 9

Act (definition)

Answer 9

To take action or do something, to bring about a particular result

Question 10

Omission (definition)

Answer 10

A failure to fulfil a moral or legal obligation

Question 11

Conspiracy (definition)

Answer 11

Two or more persons forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.

Question 12

Withdrawal from agreement (consipracy)

Answer 12

A person who withdraws from an agreement is still guilty of conspiracy, as are those people who become party to the agreement after it is made.

Question 13

When is a conspiracy complete?

Answer 13

When the agreement is made with the required intent (no further progression towards the completion of the offence is required)

Question 14

Section 67, Crimes Act 1961

Answer 14

A person is capable of conspiring with his/her spouse or civil union partner

Question 15

Conspiracy - jurisdiction

Answer 15

Where any act, omission or event (forming part of an offence) occurs in NZ, it shall be deemed to be committed in NZ, whether or not that person was in NZ at the time of the act/omission/event

Question 16

Admissibility of evidence - Conspiracy
(exception to the hearsay rule 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 other involved

Any explanations made after the common purpose is carried out is excluded (usual rule of evidence)

Question 17

Investigations - witness statements

Answer 17

(1) ID of persons present at time of agreement
(2) With whom the agreement was made
(3) What offence was planned
(4) Any acts carried out to further the common purpose

Question 18

Investigations - suspect statements

Answer 18

(1) Existence of an agreement to commit offence
(2) Intent of those involved in agreement
(3) ID of all involved in agreement
(4) Anything written, said or done to further the common purpose

Question 19

Defence to Conspiracy
Section 310(3), CA 1961

Answer 19

It is a defence to prove that the act or omission of the conspiracy was not an offence under the law of the place where it was, or was to be, done or omitted.

Question 20

Conspiracy entered into overseas

Answer 20

A person who enters 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 21

Why is laying a substantive charge and conspiracy charge often undesirable?

Answer 21

(1) May have a prejudicial effect on other charges
(2) Judge may disallow evidence due to prejudicial nature
(3) May prolong or unnecessarily complicate a trial
(4) Severance may be ordered (each charge heard at separate trials)