Conspiracy

Question 1

S310(1)CA61

Answer 1

Conspires
With any other person

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

Question 2

Conspires definition

Answer 2

Two or more people forming an agreement to do an unlawful act

Question 3

Intent definition

Answer 3

Intent to commit the act and intent to achieve a specific result

Question 4

Mulcahy

Answer 4

A conspiracy consists not merely in the intention of two or more but the agreement of two or more to do an unlawful act or to do a lawful act by unlawful means

Question 5

Sanders

Answer 5

A conspiracy does not END with the making of the agreement.
The agreement CONTINUES in EXISTENCE until it is ended by the COMPLETION or the ABANDONMENT or it is DISCHARGED

Question 6

With any person

Answer 6

A person cant conspire alone
S2 JN CE GN

Question 7

To commit any offence

Answer 7

Offence and Crime are interchangeable,
They may describe any act or omission that is punishable upon conviction under any enactment

Question 8

To do or omit in any part of the world

Answer 8

Do- Act, to take action or to do something to bring about a proscribed result
Omission - the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation
Person charged need not be in nz at the time of the agreement with intent
It is an offence to conspire to commit an offence in NZ but also to do it omit in any part of the world

Question 9

Anything of which the doing or omission in NZ would be an offence

Answer 9

Defence - if accused can prove that the act is not an offence under the law of the place where it is to be committed
(White- if needed)

Question 10

White

Answer 10

Where you can prove a person conspired with other parties whose identity are unknown, the suspect can still be convicted. Even if the co-conspirators are never identified

Question 11

S67 CA61

Answer 11

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person

Question 12

What is the means rea necessary for a conspiracy

Answer 12

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
The offenders mental intent must be to commit the full offence. Where this intent does not exist, no crime has been committed

Question 13

What is the men’s rea, mental intent necessary for conspiracy

Answer 13

The offenders mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.

Question 14

If a person withdraws from an agreement, are they still liable

Answer 14

A person withdrawing from the agreement is still guilty of conspiracy, as are those who become party to the agreement after it had been made. However a person can effectively withdraw before the actual agreement is made.

Question 15

What was found in R V Sanders

Answer 15

A conspiracy does not end with the making of an agreement. The agreement continues in existence until it is ended by completion or the abandonment or it is discharged

Question 16

Circumstantial evidence for proving intent can include

Answer 16

The offenders action and words before during and after the event

Surrounding circumstances

The nature of the act itself

Question 17

Matt is released from prison, he discusses burglary with Jeff and John. He does not agree to do the burglary. Jeff and John get caught waiting for the shop to close. What would Matt be charged with

Answer 17

Matt would not be charged with conspiracy as he made no agreement to commit the burglary (no intent to commit the act)

Question 18

Name five thing to consider when interviewing conspiracy witnesses

Answer 18

ID of people present at the time of the agreement
With whom the agreement was made
What offence was planned
Any acts carried out to further the common purpose

Question 19

Name five things to consider when interviewing conspiracy suspects

Answer 19

ID of all people concerned
Existence of an agreement to commit an offence
Existence of an agreement to omit to do something that would amount to an offence
The intent of those involved in the agreement
Whether anything was written, said or done to further the common purpose

Question 20

When is evidence from the defendants admissible for conspiracy

Answer 20

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being the exception to the hearsay rule and as such co-conspirators should be jointly charged.
However this does not include explanations made after the common purpose is carried out. Then the explanation is evidence only against the person making it.

Question 21

What are the reasons why laying a substantive charge and conspiracy charge are undesirable

Answer 21

The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges
Judge may disallow evidence as it will be to prejudicial
The addition of a conspiracy charge may unnecessarily complicate and prolong a trial
Where the charge of conspiracy is not founded on evidence or it is an abuse of process, it maybe quashed
Severance may be order

Question 22

Vanessa and Jen visit Egypt. They have dinner and discuss their mutual hatred for Damien who lives in NZ. J and V agree on a plan to beat him to death. However when j gets back to nz she gets cold feet and decides not to. Are they liable

Answer 22

No for conspiracy’s made overseas, a person is only amendable to the jurisdiction of NZ courts if they are physically in NZ and act in CONTINUANCE OF THE CONSPIRACY