Conspiracy

Question 1

Legislation: Conspiring to commit offence

Answer 1

Section 310(1) Crimes Act 1961
Conspires
With any person
To commit any offence, or to do, or to omit, in any part of the world
Anything of which the doing or omission in New Zealand would be an offence.

Question 2

What does conspiracy rely on? CL

Answer 2

Not just the intention of two or more people to commit an offence, it relies on the two or more subjects forming an agreement to do an unlawful act. Or to do a lawful act by unlawful means. Mulcahy v R

Question 3

What is conspiracy? And when does it occur?

Answer 3

Conspiracy is an agreement between two or more people to commit an offence.
Occurs:
Before - Attempts
Before - An offence is committed
After - Intent

Question 4

Case law’s for conspiracy?

Answer 4

• Mulcahy v R
• R v Sanders
• R v White

Question 5

Liable for a term of what for Conspires?

Answer 5

7yrs max if offence exceeds that. Otherwise same punishment as if they committed the offence.

Question 6

Defence to conspiracy.

Answer 6

When offence of conspiracy to commit or omit an offence outside NZ, defence if can prove that offence is not law of that place.

Question 7

Omission in conspiracy

Answer 7

An agreement between the parties concerned may have as its objective an omission (Failure to act, failure to fulfill a moral or legal obligation) as opposed to the commission.

Question 8

Withdrawing from the conspired agreement

Answer 8

Still liable of conspiracy, as are the people who become party to the agreement after it has been made.

Question 9

Conspiracy is complete when?

Answer 9

Complete on the agreement being made with the required intent. No further progression or involvement towards the completion is required.

Question 10

When does a conspiracy end? CL

Answer 10

A conspiracy does not end with the making of the agreement. Conspiracy continues in operation and, therefore, in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged. R v Sanders

Question 11

Conspiracy agreement requires both Mens Rea and Actus Reus. Explain.

Answer 11

Actus Reus (Physical element)
Actual agreement between two or more people to carry out the illegal conduct.

Mens Rea (Mental element)
- An intention of those involved to agree, and,
- An intention that the relevant course of conduct should be pursued to those party to the agreement………

Question 12

Intent

Answer 12

Intention to do a deliberate act, intention to get a specific result.
More than involuntary or accidental.

Question 13

Define Act

Answer 13

To take action or do something, to bring about a particular result.

Question 14

What intent do the two or more offenders have to have for conspiracy?

Answer 14

Intent to commit the offence.

Question 15

Can someone be charged with conspiracy in circumstances where themselves are incapable of carrying out the offence?

Answer 15

Yes

Question 16

Can someone be charged with conspiracy if the other person is unknown?

Answer 16

Yes

Question 17

When interviewing a conspiracy suspect, what should you consider?

Answer 17

• the existence of the agreement to commit an offence, or,
• the existence to omit to do something that would amount to an offence, and,
• the intent of those involved in the agreement, and,
• the identity of all people concerned where possible, and,
• whether anything was written, said or done to further the common purpose.

Question 18

When one party of Conspires is U/K CL

Answer 18

When you can prove suspect conspired with other parties (one or more) whose ID is unknown, suspect can still be convicted even if ID is never established. R v White