Conspiracy Flashcards
Elements and section of conspiracy
S310(1) Crimes Act 1961
- 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
Define conspires with case law
R v Mulcahy: two or more subjects forming an agreement to do an unlawful act, or to do an unlawful act by any unlawful means
Define offence
Any act or omission that is punishable on conviction under any enactment
What is an omission
Failure to act
The agreement between parties concerned may also have as its object an omission
Define ‘act’ and ‘omission’
Act: take action or do something
Omission: excluding or leaving out someone or something
When is the act of conspiracy complete?
When the agreement has been made with the required intent
When does conspiracy end
R v Sanders: A conspiracy does not end on the making of the agreement. It continues until it is ended by the completion it it’s performance or abandonment
Discuss the physical and mental intent of conspiracy
Physical (actus reus) is the actual agreement by two or more people. This is often by physical acts, words or gestures. A simple verbal agreement should suffice.
Mental (mens rea) is an intention of those involved to agree and an intention that the conduct should be pursued. There must be the mental intent to commit the full offence.
Define intent using case law
A deliberate act to get a specific result.
R v Collister: circumstantial evidence for intent may be inferred from the offenders actions and words, surrounding circumstances and the nature of the act itself
Case law for charging for conspiracy when you can’t identify the other party
R v White: when you can prove that a suspect conspires with other parties who are unknown, they can still be convicted
What section covers conspiring with spouse or partner
S67
What offences have specific provisions for conspiracy
Treason
Piracy
Making false accusations
Defeating justice
Murder
Drug dealing
What should you cover off when interviewing witnesses
Identify of people present at time of agreement
With whom the agreement was made
The offence
Any acts carried out
What should you cover off when interviewing suspects
The existence of an agreement to commit an offence or to omit or do something that would amount to an offence
The intent of those involved
The identity of people involved
If anything was written said or done to further the common purpose
Why is it undesirable to lay both a substantive and related conspiracy charge?
Evidence only admissible against conspiracy may have a prejudicial effect in relation to other charges
Judge May disallow evidence
May complicate and prolong trial
Each charging document could be heard separately
