Conspiracy

Question 1

Section and Elements

Answer 1

S310 CA61

• conspires
• with another person
• to commit any offence; OR
• to do or omit, in any part of the world, anything in which the doing or omission of in NZ would be an offence

Question 2

MULCAHY V R

Answer 2

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 a lawful act by unlawful means.

Question 3

R V SANDERS

Answer 3

A conspiracy does not end with the making of an agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended either by completion of its performance, its abandonment, or in any other way in which agreements are discharged.

Question 4

R V WHITE

Answer 4

Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 5

Any person

Answer 5

GN. Proven by JN/CE.

A person cannot conspire alone. There must be another conspirator for an offence to be committed.

Question 6

Offence

Answer 6

Any act or omission punishable by conviction under any enactment.

Question 7

Intent

Answer 7

An intention to commit an act and an intention to get a specific result.

Question 8

Actus Reus

Answer 8

The actual agreement between two or more parties to carry out the illegal conduct.

Question 9

Mens Rea

Answer 9

An intention for those involved to agree.

An intention that the relevant course of conduct should be pursued by those party to the agreement.

The offender must have an intention to commit the full offence. Where this is absent, no crime is committed.

Question 10

When act is complete

Answer 10

On the agreement being made to commit the offence.