Conspiracy

Question 1

Section and elements of Conspiracy (Liability)

Answer 1

Section 310(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 New Zealand would be an offence

Question 2

Definition of conspires (not verbatim but close) (Liability)

Answer 2

An agreement, between two or more persons, to pursue a course of conduct which, if carried out, would amount to the commission of an offence or involve the commission of an offence by any party to the agreement

Question 3

Case law for conspires (Liability)

Answer 3

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 to do a lawful act by unlawful means.

Bonus - So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself.

R v Sanders - A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 4

Can a planned omission (failure to act) be sufficient for conspiracy?

Answer 4

Yes. Conspiracy can involve a planned omissions or a planned commission of an offence.

Question 5

Can a person withdraw from a conspiracy agreement? (Must know)

Answer 5

A person who withdraws from a agreement is still guilty of conspiracy. A person can effectively withdraw before the actual agreement is made.

Question 6

When is the offence of conspiracy completed? (Must know) (Liability)

Answer 6

When the agreement is made with the required intent

Question 7

Case law for when a conspiracy ends (Must know)

Answer 7

R v Sanders - A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.

Question 8

What is the mens rea and atus reus for Conspiracy? (Must know) (Liability)

Answer 8

Mens rea:
- Intention to agree
- Intention that a relevant course of action be pursued by those party to the agreement

Actus reus:
- Agreement between two or more people to put their common design into effect.

Question 9

For a conspiracy does the defendant need to carry out the illegal conduct?

Answer 9

No as this would amount to the actual offence or an attempt

Question 10

Give examples of acts which could used to complete a agreement

Answer 10

Physical acts, words or gestures

Question 11

Is a verbal agreement sufficient for conspiracy?

Answer 11

Yes

Question 12

For conspiracy, do the offenders need to make a decision on how to commit the offence?

Answer 12

No, they merely need to agree to commit it

Question 13

Does passive presence or knowledge of an intention ammount to conspiracy?

Answer 13

No

Question 14

Definition of intent for conspiracy (Liability)

Answer 14

Intend has two parts, intent to commit the act and intent to get a specific result.

Question 15

Case law for intent (Liability)

Answer 15

R v Collister: Intent may be inferred by:
- The offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself

Question 16

Definition of “with any person” for conspiracy (Liability)

Answer 16

Conspiracy requires two or more people . This may include a person who is unable to carry out the substantive offence themselves

Question 17

Case law for with any person in Conspiracy (Liability)

Answer 17

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

Question 18

Can a person conspire with a spouse or civil union partner? (Must know)

Answer 18

Yes

Question 19

Define to commit any offence and it’s key parts (Liability)

Answer 19

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

Act= action taken to bring about a particular result.

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

Question 20

When does an offence come under New Zealand jurisdiction? (Must know)

Answer 20

When any act or omission forming part of the offence, or any event necessary to the completion of the offence, occurs in New Zealand.

Question 21

Can a person who enters into a conspiracy while physically overseas be charged in New Zealand? (Must know)

Answer 21

Only if they return to new Zealand and act in continuance of the conspiracy.

Question 22

Is it conspiracy to conspire to commit an offence overseas? (Must know)

Answer 22

Only if the act or omission would be an offence in New Zealand. The defendant has a defence if they can prove the thing was legal under the law of the place where it was to be committed.

Question 23

If a conspiracy is made between a person in New Zealand and parties outside new Zealand, discuss jurisdiction. (Must know)

Answer 23

The conspiracy is deemed to have been formed in both countries simultaneously, so it will come under New Zealand jurisdiction

Question 24

For conspiracy discuss co-offender evidence

Answer 24

Anything a party to a joint charge does to further the common purpose is admissible against others involved.

There must however be independent evidence against a co-conspirator for their evidence to be used against another party. This is an exception to the hearsay rule.

However, explanations made after the common purpose is carried out are only admissible against the person who made them.

Question 25

If their is a specific conspiracy offence (e.g. conspiracy to commit murder) discuss using s310.

Answer 25

s310 should not be used where there are specific provisions for a particular type of conspiracy. However, s310 can be used in all other cases.

Question 26

When interviewing witness for conspiracy, what should you cover? (Must know)

Answer 26

• Who was present at the time of the agreement
• With whom the agreement was made
• What offence was planned
• Acts carried out to further the common purpose

Question 27

When interviewing a suspect for conspiracy, what should you seek to establish? (Must know)

Answer 27

• existence of an agreement to commit an act or omission which would amount to an offence
• the intent of those invovled
• identity of those invovled
• whether anything was written or done to further the common purpose

Question 28

Other than interviewing person, what two main lines of enquiry for should you consider for conspiracy investigations?

Answer 28

• Search warrants
• Electronic communication

Question 29

Should you charge for conspiracy AND the specific substantive offence if both exist? (Must know)

Answer 29

Generally no. However you may if the substantive charge does no adequately represent the total criminality

Question 30

Why is laying a conspiracy charge and a charge for the specific substantive offence not desirable? (Must know)

Answer 30

-Evidence admissible only on the conspiracy charge may have a prejudicial effect for other charges
- It may unnecessarily complicate and prolong the trial
- The judge may disallow it if it is too prejudicial
- Severance may be ordered (that is the charging documents may be heard at separate trials).
- where a conspiracy charge is not founded on evidence or is an abuse of process, it may be quashed

Question 31

Is supervisor approval needed to lay a conspiracy charge?

Answer 31

Yes