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Association > Conspiracy > Flashcards

Conspiracy Flashcards

1
Q

Conspiring to commit offence
Section 310, Crimes Act

A

Conspires
With any person
To commit any offence
To do or omit in any part of the world
Anything of which the doing or omission in NZ would be an offence

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2
Q

Mulcahy V R

A

A conspiracy is the intention and agreement by two or more to do an unlawful act.
When two or more agree to carry the intended offence into effect, the plot is an act in itself.

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3
Q

Withdrawing from the agreement?

A

Is still guilty of conspiracy after the agreement had been made, however a person can effectively withdraw before the actual agreement is made

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4
Q

When is the offence of conspiracy completed?

A

The offence is complete on the agreement being made with the required intent. No further progression/involvement towards the completion of the offence is required.

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5
Q

R V Sanders

A

Conspiracy doesn’t end with the agreement. It continues until its ended by the completion of performance, abandonment or any other manner to discharge.

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6
Q

What are the mental intents for conspiracy?

A

Intent of those involved to agree
Intent to commit full offence
Intent that the relevant course of conduct should be pursued

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7
Q

What is the physical elements of conspiracy?

A

The actual agreement between two or more people to carry out illegal act
The physical acts, words, gestures by conspirator in agreement is considered actus.
No requirement to carry out illegal conduct agreed upon

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8
Q

What are the two specific types of intentions in an offence in the context of criminal law?

A

Deliberate Act:
means the act must be done more then involuntary or accidental.

Intent to produce a result:
To achieve a specific result, aim, objective, purpose.

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9
Q

Circumstantial evidence for proving conspiracy intent can include?

A

The offenders actions, words before during and after the event
Surrounding circumstances
Nature of act itself

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10
Q

R V White in relation to conspiracy?

A

Where you can prove the offender conspired with other parties.
Can still be convicted even if the ID of the others remains unknown.

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11
Q

Define Act and Omission

A

Act: Do something to bring a specific result
Ommision:
The action of leaving out something or someone, failure to fulfill moral or legal obligations.

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12
Q

What is ruled under Section 7 Crimes Act in relation to jurisdiction?

A

Any act, or event necessary to complete any offence in NZ, the offence is deemed to be committed in NZ whether the person charged with it is in NZ or not at the time of it.

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13
Q

In what situation would you be liable to Conspiracy entered into overseas?

A

Amenable to the jurisdiction of NZ.
Only if they’re later physically present in NZ and conspiracy is still ongoing.

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14
Q

What is the exception to hearsay rule in relation to Conspiracy?

A

Anything that is said or done to further the common purpose is admissible against others involved as conspirators should be jointly charged.
Does not include explanations made after the common purpose is carried out. Then explanation is evidence only against the person making it.

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15
Q

What matters should be considered when interviewing conspiracy suspects?

A

Existence of agreement to commit offence
Existence of agreement to omit from offence
Intent of all those involved in the agreement
Identity of all people concerned
Whether anything was written, said, done to further common purpose.

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16
Q

What matters should be considered when interviewing conspiracy witnesses?

A

Identity of people present at time of agreement
Who agreed to it
What offence was planned
Any acts carried out to further common purpose.

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17
Q

When would you lay a conspiracy charge and substantive charge?

A

Only when the substantive charge doesn’t adequately represent the total criminality.
For example arson and conspire to murder a witness.
Substantive charge: arson
Conpiracy for murder charge.

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18
Q

What issues are there when laying a conspiracy and substantive charge?

A

Evidence of conspiracy charge may have prejudicial effect in relation to other charges
Judge may disallow it, too prejudicial.
Prolong and complicate trial.
If not founded on evidence, may be quashed.

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19
Q

What section in attempts in crimes act?

A

Section 72 (1)
Everyone who, having an intent to commit an offence does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not

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20
Q

Elements for Attempts charge?

A

Mens rea - intent to commit offence
Actus rea - committed an act or omitted to do something to achieve that end
Proximity - sufficiently close to the full offence

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21
Q

Besides the elements of attempts, what are the additional requirements?

A

Must be legally possible to commit the offence in the circumstances
Can be convicted even if it physically impossible to commit.

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22
Q

What must be proved in relation to intent of an attempts offence?

A

Defendants intent was to commit the substantive offence
Cannot be defined soley in terms of recklessness or negligence.

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23
Q

How can you prove defendants intent for attempts?

A

The act itself or what they did
Admission or confession

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24
Q

R V Ring

A

Offenders intent was to steal from victim by putting his hand in the victims pocket however it was empty.
Convicted of attempted theft,
intent was to steal demonstrated by his actions.

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25
Q

What is meant by sufficiently proximate is 72(3)CA 1961 in relation to attempts?

A

The defendant must have started to commit full offence and gone beyond mere preparation.
This is the “all but” rule.

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26
Q

Examples of acts that constitutes attempts to commit an offence?

A

Lying in wait, searching for or following the contemplated victim
Enciting victim to go to scene of contemplated crime
Reccieing contemplated scene of crime
Unlawful entering vehicle building where the contemplated crime will be committed
Possessing, collecting fabricating materials to he employed in the commission of the crime
Soliciting an innocent agent to engage in conduct of an element of the crime

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27
Q

R V Harpur

A

The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops.
The defendants conduct may be considered in its entirety, how much remains is alway relevant but not determinative

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28
Q

Test of proximity according to semester and brooks?

A

Has the offender done more than getting himself into a position to embark on an actual attempt.
Has the offender actually commenced execution of the crime.
If yes, attempt has been committed
If no, conduct is considered preparation and not an offence

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29
Q

Difference between question of law and question of facts?

A

Law - decided by the judge based on the assumption that the facts of the case is proven. Proximity is a question of law
Fact - jury to decide. Intent is a question of fact

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30
Q

When is an act of physically or factually impossible?

A

If an act amounts to an offence but the suspect is unable to commit due to circumstances beyond their control

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31
Q

Higgins v Police (impossibility in attempts)

A

Plants were cultivated as cannabis but wasn’t physically possible, not legally impossible to cultivate cannabis.
It is possible to commit attempting to cultivate cannabis.

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32
Q

Police v Jay

A

Man bought hedge clippings believing they were cannabis

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33
Q

When is an act legally impossible?

A

When the completed act would not constitute an offence. Cannot be convicted of attempts even of there’s criminal intent.

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34
Q

R V Donnelly
(Received Property)

A

Stolen property returned to owner or legal title to any property has been acquired by any person, not an offence to subsequently receive it whether receiver knows the property is stolen or dishonestly stolen.

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35
Q

When is an attempt complete?

A

Offender completes an act that is sufficiently proximate to the intended offence
Even when the offender changes his mind or voluntarily withdrawals after completing the act that is sufficiently proximate.

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36
Q

Once acts are sufficiently proximate, the defendant has no defence that they?

A

Were prevented by some outside agent that was necessary to complete the offence.
Failed to complete the full offence due to ineptitude inefficiency or insufficient means
Were prevented from committing offence because it was physically impossible to do.

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37
Q

What must the judge decide for attempts?

A

Whether the defendant has left the preparation stage and already trying to effect completion of the full offence. Actions were more then preparation.

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38
Q

What must the jury decide for attempts?

A

Facts have been proven beyond reasonable doubt.
Intent to commit full offence has been proven beyond reasonable doubt.
Decide whether defendants acts are close enough to full offence.

39
Q

What situations can you not charge someone for an attempt?

A

When the criminality depends or recklessness or negligence
Attempts to commit offence is included in the definition of the offence
Offences where the act has to be completed in order for the offence to exist at all

40
Q

What is section 66(1) CA61
Parties.

A

Everyone is a party to and guilty of an offence who:
Actually commits the offence
Does or omits act for the purpose of aiding any person to commit the offence
Abets any person in the commission of the offence
Incites counsels or procures any persons to commit the offence

41
Q

What is section 66(2)
Parties

A

2 of more persons form a common intention to prosecute any unlawful purpose, and to assist each other, each person is a party to every offence committed by any one of them if the probable consequence of the commission of an offence was known by the common intention.

42
Q

Section 70(1)

A

Everyone who incites, counsels or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence even if its committed in a different way.

43
Q

Section 70(2) CA61

A

Everyone who incites counsels ot procures another to be a party to an offence is a party to every offence committed by others because of such inciting, counseling or procuring which the first mentioned person knew to be likely to committed in consequences thereof.

44
Q

What does prosecution need to prove party to the offence?

A

ID of defendant
Offence was successfully committed
Section 66 (1) elements have been satisfied

45
Q

When must participation have occurred for parties to the offence?

A

Participation must occur before or during the commission of the offence and before completion.
Someone who provides assistance to the principal or secondary offender following the commission of the offence becomes accessory after the fact

46
Q

R V Pene parties

A

A party must intentionally help or encourage. Reckless to helping is insufficient.

47
Q

What is meant by principal and secondary party?

A

Principal
A person who satisfy the men’s rea and actus reus requirements of the offence is considered the principal party.
A person who assist incites counsels or procures is secondary and liable under section 66 due to their participation in the offence committed by the principal party

48
Q

What are two methods which multiple offenders may be considered principals?

A

Each principal offenders may separately satisfy the necessary elements of the relevant offence.
Each offenders may separately satisfy some part of actus reus of the offence. Combined actions will satisfy the actus reus of the offence. Actions must be accompanied by the requisite men’s rea.

49
Q

R V Renata
(Identity of parties)

A

Where the principal offender cannot be identified, It is sufficient to prove each individual accused must have been either the principal or party in one of the ways contemplated by section 66 (1)

50
Q

Does the secondary party need to be present when the offence is committed?

A

Not a requirement for any form of secondary participation.
(Example: leaving the door unlocked for burglary to occur)

51
Q

Define aids

A

To aid means to assist in the commission of the offence either physically or giving advice/information

52
Q

For aiding, what are the requiments for awareness and agreement from the principal offender?

A

Not necessary for principal be aware that they’re being assisted
No requirement for principal to agree to assist for secondary party to be liable.

53
Q

Larkin V Police
(Assistance)

A

Not necessary for principal to be aware he or she is being assisted but there must be proof of actual assistance.

54
Q

What are some examples of assistance to prove parties charge?

A

Keeping lookout for burglaries
Providing screwdriver for ULTMV
Telling an associate when neighbour’s leave home to burgle property.

55
Q

When will liability for aiding by ommision arise?

A

When person A has legal duty to act and a right or power of control over person B, fails to discharge the duty by exercising that control to prevent person B committing an offence

56
Q

Define abets

A

Means to instigate or encourage. To urge another person to commit the offence.

57
Q

What situation may arise as passive acquiescence and constitute abetting?

A

No one is liable for witnessing and offence and doing nothing.
If there’s a special relationship between a person and principal offender or where they owe a legal duty to the victim or public.

58
Q

Ashton v Police legal duty

A

Teaching a person to drive is an example of secondary party owing a legal duty to a third person or general public.
A person must take reasonable precautions because under s156 he is deemed to be in charge of a dangerous thing.

59
Q

R V Russell special relationships

A

The accused was morally bound to take active steps to save children. Did nothing and approval to his wife’s acts he became and aider and abettor.

60
Q

Define procures

A

Setting out to see something happens and taking appropriate steps to ensure it does.
Requires secondary party deliberately causes principal party to commit the offence
May be carried out by fraud persuasion words or conduct.

61
Q

Define incites

A

To spur on, stir up, urge, stimulate, rouse or animate a person to commit a crime.

62
Q

Define counsels

A

Intentionally instigate the offence:
by advising a person on how best to commit an offence or
plan for someone else to commit offence

Sufficient the counsellor knows that an offence is being committed, they do not need to know specifics

63
Q

What is the distinction between aiding and abetting v inciting, counseling and procuring?

A

Aiding and abetting
Present at the scene before or at the time of the offence.
Inciting, procuring
Describes actions before offence is carried out

64
Q

What are the rules of common intention if someone goes beyond what was agreed upon?

A

Others are not liable for the consequences of the unauthorized act

65
Q

R V Betts and Riddles
(Common intention)

A

Offence where no violence is contemplated but principal offender uses violence, secondary offender taking no physical part in it would not be held liable for the violence used.

66
Q

What are the rules for probable consequence?

A
  • Subjective appreciation by the offender.
  • Foresee likelihood co-offender will commit another offence while committing the original offence agreed.
  • Sufficient where it can be demonstrated there was a risk the offence could happen.
  • If offence committed by the co-offender is negligible or remotely possible, they will lack men’s rea required
67
Q

What are the two qualifications to satisfy probable consequence?
(Person A and offence B)

A

Person A realizes that an offence committed by person B is possible.
No requirement for person A foresee offence B include any appreciation of the physical elements of offence B, which no men’s rea is required.

68
Q

Person charged with parties to murder where they?

A

Intentionally helped or encouraged
Foresaw murder as a real risk in the situation.

69
Q

Person charged with parties to manslaughter where they?

A
  • Knew at some stage there was real risk of killing short of murder
  • Foresaw real risk of murder but killing occurred in circumstances different from those contemplated
  • Can be expected to know there was an ever-present risk of killing
70
Q

What is an innocent agent?

A

Someone who is unaware of the significance of their actions
Can’t be convicted of secondary party
Principal who uses agent to bring about actus reus, the act completed is considered the act of the Principal

71
Q

What is Section 71 CA61?
(Accessory)

A

One who knowing any person to have been party to the offence, receives comforts or assists that person or tampers with or actively suppresses any evidence against him, enable him to escape after arrest or avoid arrest or conviction

72
Q

What is the penalty for accessory?

A

No more than 7 years for life imprisonment
No more than 5 years for 10 years imprisonment
Any other case, half the max sentence

73
Q

What needs to be proved for accessory?

A

Person who received comforted or assisted by the accessory is a party to the offence
At the time, the accessory knew the person was a party to the offence.
The accessory received assisted comforted assisted the person or tampered with or actively suppressed any evidence against that person.
At the time the accessory’s purpose was to enable that person to escape or avoid arrest

74
Q

Define offence

A

Act or omission that is punishable on conviction under any enactment

75
Q

What stage must the offence be for someone to be an accessory

A

The offence must be completed

76
Q

R V Crooks Knowledge
(Parties)

A

Means actual knowledge that the person assisted was a party of a relevant offence. Mere suspicion is insufficient.

77
Q

What knowledge must accessory possess?

A

Must know an offence has been committed and the person they are assisting was a party to that offence.
Knowledge that came after the assistance is not liable as accessory.

78
Q

R V Briggs Wilful blindness

A

Knowledge may also be inferred from willful blindness or not making inquiries to confirm suspected truth

79
Q

When is a person considered willfully blind?

A

Person deliberately shuts their eyes fails to enquire as they know what the answer should be.
Situations where means of knowledge are easily at hand but refrains from inquiring in order not to know.

80
Q

What are intentional acts of accessory?

A

Receives, comforts, assists, tampers with evidence and actively suppresses evidence.

81
Q

R V Mane Completion of the offence

A

To be considered for accessory, the acts of the person must be after the completion of the offence.

82
Q

Define receives and comforts

A

Receives
Harboring an offender or offering shelter is receiving
Comfort
Where accessory provides the offender with things such as food and clothing

83
Q

Examples of assisting

A

Providing transport, acting as lookout, giving advice, information, material or services to the offender. Giving false details to the Police.

84
Q

Define tampers with evidence?

A

Alter evidence against the offender

85
Q

Define actively suppresses evidence?

A

Concealing or destroying evidence against an offender.

86
Q

Can an accessory provide indirect assistance?

A

No requirement that the offender is directly assisted by the accessory.

87
Q

What are the rules regarding innocent agent used by an accessory?

A

The actions of the innocent agent will be held to be the actions of the accessory.

88
Q

What is required for intent of an accessory?

A

The act that assists the offender must be to enable the offender to either escape/ avoid arrest or avoid conviction.
Mere knowledge that an act is likely to assist in insufficient in itself.

89
Q

Can an accessory be charged if principal offender has not been charged?

A

Yes. Under section 137 of the criminal procedure act 2011, whether or not a party has been charged to the principal crime.

90
Q

What are the ruling regarding proof of the principal offence?

A

Accessory is entitled to insist on proof that the alleged offence was committed and to challenge the proof.
Even if principal offender has pleaded guilty to principal offence, principal offence must still be proven where required.

91
Q

What are the rulings regarding principal offender being acquitted?

A

Can still be convicted as accessory despite the offender being acquitted of the offence unless the accessory’s conviction is inconsistent with the acquittal.

92
Q

What are the elements for Conspiracy?

A

Section 66 (1) CA61
Conspires
With Any Person
To commit any offence OR to do or omit, in any part of the world, anything of which the doing of the omission in NZ would be an offence.
1. Conspires R V Mulcahy and R V Sanders
2, Any person - Gender neutral, proven by CE or JN
3. Offence
4. Mens Rea and Actus Reus
5. Complete Act.

93
Q

What are the elements for Accessory after the fact?

A

Section 71 CA61
Knowing any person to have been party to an offence
Receives comforts assist that person or tampers with any evidence against them or actively suppresses any evidence against them
In order to enable them to escape after arrest or avoid arrest or avoid conviction
1. Knowledge R V Cooks
2. Willfull blindness R V Briggs
3. Party
4. Receives, comfort, assists, tampers, suppresses.
5. Accessory R V Mane
6. What needs to be proved
7. Mens Rea and Actus Reus

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