Conspiracy Flashcards
Conspiracy: section and penalty
s310(1) CA 1961
7 years imprisonment if maximum punishment for that exceeds 7 years, otherwise same punishment as if he had committed that offence
Conspiracy: Elements
Conspires
With any other person
to commit any offence
OR
to do or omit, in any part of the world
anything of which the doing or omission in New Zealand would be an offence
Conspiracy: definition
Two or more people
forming an agreement
to do an unlawful act
or do a lawful act by unlawful means
Where there is only the intention to commit the offence without an agreement, then no offence committed
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 do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When the two agree to carry it (the intended offence) into effect, the very plot is an act itself…
Conspiracy: Omission
The agreement between the parties concerned may also have an omission (failure to act) as opposed to a commission of an offence.
exclusion or leaving something out.
Failure to fulfil a moral or legal obligation.
Conspiracy: withdrawing from the act
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.
Completion of conspiracy
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.
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
Mens rea for conspiracy
-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
note; must be intent to commit the full offence
Actus reus of conspiracy
The agreement between two or more people to put their common design into effect.
the agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.
Conspiracy: passive presence or knowledge of intention
Mere passive presence or knowledge of an intention does not amount to being a party to the conspiracy.
intent:
Deliberate act to produce a specific result.
Act or omission done deliberately. Act or omission must be more than involuntary or accidental.
Conspiracy: two or more people
Case law white
Parties unknown
R v White: Where you can prove that the suspect conspired with other parties (one or more people) whose identities are unknown, the suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
s67 CA 1961
Conspiring with spouse or partner
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.
Conspiracy: jurisduction
A person charged with conspiracy need not have been in New Zealand at the time of the act, omission, event.
In R v Sanders it was deemed sufficient if one act or omission forming part of the offence (or any event necessary to the completion to the offence) occurs in New Zealand.
