Conspiracy

Question 1

Elements for conspiracy

Answer 1

• 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

Question 2

Punishment for conspiring

Answer 2

Max 7 years if the offence to conspire is more than 7 years

Question 3

What is a conspiracy

Answer 3

An agreement between two or more people to commit an unlawful act or to do a lawful act by unlawful means.

Question 4

Is a conspiracy a conspiracy when there is no agreement?

Answer 4

No, must have agreement. Intent itself is not enough

Question 5

When to charge for conspiracy?

Answer 5

After the intent to commit and before the attempt. If crime hasn’t been committed and there is not enough evidence for an attempt then conspiracy may be appropriate

Question 6

R v MULCAHY

Answer 6

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 out the offence the very plot is an act in itself

Question 7

What is an omission and give example

Answer 7

A failure to act - security guard deliberately fails to lock a door so his associates can enter to commit a burglary

Question 8

Can a person be charged with conspiracy after withdrawing from an agreement?

Answer 8

Yes

Question 9

When is conspiracy complete?

Answer 9

When agreement is made with the required intent

Question 10

R v SANDERS

[Use a sander to complete something (conspiracy)]

Answer 10

A conspiracy does not end with the making of the agreement. The conspiracy continues until it is ended by the completion of it’s performance or abandoned or by any other manner by which the agreement is discharged

Question 11

What is the mens rea for conspiracy?

Answer 11

• intention of those involve to agree
• intention that the relevant course of conduct should be pursued by those party to the agreement

Question 12

What is the actus reus for conspiracy?

Answer 12

The actual agreement between two or more people to carry out the illegal act. No requirement for carry out the actual act as that would amount to committing the offence or an attempt

Physical acts, words or gestures can be considered the actus reus for conspiracy

Simple verbal agreement is enough

Question 13

Can you be charged for being present or having knowledge of someones plans?

Answer 13

No

Question 14

What is intent?

Answer 14

A deliberate act to get a specific result.

The act must be more than accidental or involuntary.

The result is an aim, purpose or object

Question 15

How to prove intent?

Answer 15

R v Collister

• offenders words/actios before, during and after offence
• surrounding circumstances
• nature of the act itself

Question 16

R v WHITE

[suspect is white, ID is unknown]

Answer 16

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 17

Can a person be capable of conspiring with their spouse/civil union partner

Answer 17

Yes

Question 18

Define act

Answer 18

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

Question 19

Define omission

Answer 19

The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation

Question 20

Jurisdiction

Answer 20

Any act, omission or event that forms part of the offence occurs in NZ then the offence is deemed to have been committed in NZ, whether or not the person charged was in NZ at the time of the act, omission or event

Question 21

Can a person be charged if they conspired overseas?

Answer 21

Yes, if they entered into a conspiracy overseas and they later physically come into NZ and continue of the conspiracy

Question 22

Is it an offence to conspire in NZ to commit an act overseas. If so, what is a defence?

Answer 22

Yes, if it is also an offence in that country. A defence would be if they could prove such act is legal overseas

Question 23

Admissibility of evidence in conspiracy

Answer 23

Anything a conspirator or party of says or does to further the common purpose is admissible against the others involved.

But does not include explanations made after the common purpose is carried out. That is only against the person who made those explanations

Question 24

Interviewing witnessess

Answer 24

• identify people present at the time agreement was made
• with whom was the agreement made
• what offence was planned
• any acts carried out to achieve common purpose

Question 25

Interviewing suspects

Answer 25

• existence of an agreement to commit an offence or omit an act
• intent of those who are involved in the agreement
• identity of everyone involved
• if anything was written, said or done to further the common purpose

Question 26

Prosecution/charging for conspiracy

Answer 26

• should not lay conspiracy charge if the substantive offence can be proved because:
• the evidence may be prejudicial to the other charges
• complicate and prolong trial
• may be squashed if not even evidence
• severance may be ordered - each charge heard seperatly