Conspiracy

Question 1

Conspiring to commit offence
Section 310, Crimes Act

Answer 1

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

Question 2

Mulcahy V R

Answer 2

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.

Question 3

Withdrawing from the agreement?

Answer 3

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

Question 4

When is the offence of conspiracy completed?

Answer 4

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.

Question 5

R V Sanders

Answer 5

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

Question 6

What are the mental intents for conspiracy?

Answer 6

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

Question 7

What is the physical elements of conspiracy?

Answer 7

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

Question 8

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

Answer 8

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.

Question 9

Circumstantial evidence for proving conspiracy intent can include?

Answer 9

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

Question 10

R V White in relation to conspiracy?

Answer 10

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

Question 11

Define Act and Omission

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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.

Question 15

What matters should be considered when interviewing conspiracy suspects?

Answer 15

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.

Question 16

What matters should be considered when interviewing conspiracy witnesses?

Answer 16

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

Question 17

When would you lay a conspiracy charge and substantive charge?

Answer 17

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.

Question 18

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

Answer 18

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.

Question 19

What section in attempts in crimes act?

Answer 19

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

Question 20

Elements for Attempts charge?

Answer 20

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

Question 21

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

Answer 21

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

Question 22

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

Answer 22

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

Question 23

How can you prove defendants intent for attempts?

Answer 23

The act itself or what they did
Admission or confession

Question 24

R V Ring

Answer 24

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.

Question 25

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

Answer 25

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

Question 26

Examples of acts that constitutes attempts to commit an offence?

Answer 26

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

Question 27

R V Harpur

Answer 27

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

Question 28

Test of proximity according to semester and brooks?

Answer 28

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

Question 29

Difference between question of law and question of facts?

Answer 29

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

Question 30

When is an act of physically or factually impossible?

Answer 30

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

Question 31

Higgins v Police (impossibility in attempts)

Answer 31

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.

Question 32

Police v Jay

Answer 32

Man bought hedge clippings believing they were cannabis

Question 33

When is an act legally impossible?

Answer 33

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

Question 34

R V Donnelly.

Answer 34

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.

Question 35

When is an attempt complete?

Answer 35

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.

Question 36

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

Answer 36

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.

Question 37

What must the judge decide for attempts?

Answer 37

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

Question 38

What must the jury decide for attempts?

Answer 38

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.

Question 39

What situations can you not charge someone for an attempt?

Answer 39

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

Question 40

What is section 66(1) CA61
Parties.

Answer 40

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

Question 41

What is section 66(2)
Parties

Answer 41

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.

Question 42

Section 70(1)

Answer 42

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.

Question 43

Section 70(2) CA61

Answer 43

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.

Question 44

What does prosecution need to prove party to the offence?

Answer 44

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

Question 45

When must participation have occurred for parties to the offence?

Answer 45

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

Question 46

R V Pene parties

Answer 46

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

Question 47

What is meant by principal and secondary party?

Answer 47

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

Question 48

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

Answer 48

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.

Question 49

R V Renata parties

Answer 49

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)

Question 50

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

Answer 50

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

Question 51

Define aids

Answer 51

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

Question 52

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

Answer 52

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.

Question 53

Larkin V Police aid

Answer 53

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

Question 54

What are some examples of assistance to prove parties charge?

Answer 54

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

Question 55

When will liability for aiding by ommision arise?

Answer 55

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

Question 56

Define abets

Answer 56

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

Question 57

What situation may arise as passive acquiescence and constitute abetting?

Answer 57

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.

Question 58

Ashton v Police legal duty

Answer 58

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.

Question 59

R V Russell special relationships

Answer 59

Court held 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.

Question 60

Define procures

Answer 60

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.

Question 61

Define incites

Answer 61

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

Question 62

Define counsels

Answer 62

Intentionally instigate the offence by advising a person on how best to commit an offence or plan for someone else to commit offencr
Sufficient the counsellor knows that an offence is being committed, they do not need to know specifics

Question 63

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

Answer 63

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

Question 64

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

Answer 64

Others are not liable for the consequences of the unauthorized act

Question 65

R V Betts and Riddles common intention

Answer 65

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.

Question 66

What are the rules for probable consequence?

Answer 66

Subjective appreciation by the offender where they must actually foresee the likelihood that their co-offender will commit another offence when committing the original offence agreed by both parties
Sufficient where it can be demonstrated the knew there was a substantial risk that the offence could happen.
If offence committed by the co-offender is negligible or only remotely possible, they will lack men’s rea required

Question 67

What are the two qualifications to satisfy probable consequence?

Answer 67

Person A need only realize that an offence of that type committed by person B is possible. They don’t need to know or forsee the offence.

No requirement person A foresight of offence B includes any appreciation of the physical elements of offence B, which no men’s rea is required.

Question 68

Person charged with parties to murder where they?

Answer 68

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

Question 69

Person charged with parties to manslaughter where they?

Answer 69

Knew at some stage there was real risk of killing short of murder or 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

Question 70

What is an innocent agent?

Answer 70

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

Question 71

What is Section 71 CA61 Accessory

Answer 71

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

Question 72

What is the penalty for accessory?

Answer 72

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

Question 73

What needs to be proved for accessory?

Answer 73

The person who received comforted or assisted 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

Question 74

Define offence

Answer 74

Act or omission that is punishable on conviction under any enactment

Question 75

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

Answer 75

The offence must be completed

Question 76

R V Cooks Knowledge

Answer 76

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

Question 77

What knowledge must accessory possess?

Answer 77

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.

Question 78

R V Briggs Wilful blindness

Answer 78

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

Question 79

When is a person considered willfully blind?

Answer 79

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.

Question 80

What are intentional acts of accessory?

Answer 80

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

Question 81

R V Mane Completion of the offence

Answer 81

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

Question 82

Define receives and comforts

Answer 82

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

Question 83

Define assisting

Answer 83

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

Question 84

Define tampers with evidence?

Answer 84

Means to alter evidence against the offender

Question 85

Define actively suppresses evidence?

Answer 85

Acts of concealing or destroying evidence against an offender.

Question 86

Can an accessory provide indirect assistance?

Answer 86

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

Question 87

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

Answer 87

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

Question 88

What is required for intent of an accessory?

Answer 88

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.

Question 89

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

Answer 89

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

Question 90

What are the ruling regarding proof of the principal offence?

Answer 90

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.

Question 91

What are the rulings regarding principal offender being acquitted?

Answer 91

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

Question 92

What are the elements for Conspiracy?

Answer 92

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.

Question 93

What are the elements for Accessory after the fact?

Answer 93

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