Conspiracy

Question 1

Conspiracy

Answer 1

Crimes Act 1961
Section 310
Maximum 7 years imprisonment if substantive offence carries more than 7 years or same as substantive offence if below 7 years

Conspires
Mulcahy v R
R v Sanders

With any person
R v White
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.

Question 2

Mulcahy v R

Answer 2

“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 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 it (the intended offence) into effect, the very plot is an act in itself….”

Question 3

R v Sanders

Answer 3

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

Question 4

R v White

Answer 4

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 5

Mens rea

Answer 5

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.

Question 6

Actus reus

Answer 6

Is the agreement between two or more people to put their common design into effect.

Question 7

Five points to consider when interviewing suspects

Answer 7

The existence of an agreement to commit an offence.

The existence of an agreement to do or omit to do something that would amount to an offence.

The intent of those involved in the agreement.

The identity of all people concerned where possible.

Whether anything was written, said or done to further the common purpose.