Conspiracy Flashcards
What is Mulcahy v R
conspiracy consists not merely of an intention, but an agreement between 2 or more to commit or omit an act that is unlawful or do a lawful act unlawfully.
The agreement to do an act is an act itself
What is the elements of Conspiracy
S310 C.A 1961
- conspires
- with any person
- to commit any offence OR
- to do or omit, in any part of the world
- anything of which, doing or omission in NZ would be an offence
Conspires
Does not simply rely on intention of two or more to commit offence. Relies on subjects forming and agreement to do an unlawful act or lawful act by unlawful means. where only the intention exists without agreement then no offence has been committed.
Omission
Agreement between parties concerned may also have its objective as an omission rather than commission - failure to act
Conspiracy definition
An agreement between two or more to commit an offence, necessarily occurs before the principal offence has been committed, comes after the intent to commit and before the attempt.
Completion of conspiracy
Offence is complete on the agreement being made with the required intent.
Withdrawing agreement
Person withdrawing is still guilty of conspiracy as are those who become party to agreement after it has been made. However, person can effectively withdraw before the actual agreement is made.
R v Sanders
Conspiracy does not end with making of the agreement conspiratorial agreement continues an operation, therefore existence, until ended by completion of performance or abandonment or any other manner which agreements discharged.
Mens Rea
The necessary mens rea is the intention of those involved to agree and the intention that relevant course of conduct be pursued by the agreed parties.
Actus Reus
The physical agreement between two or more to put common design into effect. Agreement must be made before commission of act.
Intent
Deliberate act to obtain a specific result
Prove two or more
A person cannot conspire alone. Circumstances may relate to party to conspiracy when identity is known but unable to be located or unable to be brought to trial.
R v White
Where you can prove suspect conspired with other parties whose identity is unknown suspect can still be convicted even if identity of others is never established.
Conspires with Spouse/Partner
S67 C.A 1961
Person is capable of conspiring with spouse or civil union partner or with spouse or civil union partner and any other person.
Offence explained
Offence and crime are words used interchangeably in statute and there is no material difference
Act
To take action or do something, to bring about a particular result.
Omission
The act of excluding or leaving out or failure to fulfil moral or legal obligation.
Jurisdiction
S7 C.A 1961
Where any act or omission forming part of any offence or necessary event for completion occurs in New Zealand. The offence shall be deemed to be committed in New Zealand with a person charged was in New Zealand or not at the time of the act or omission or event..
Overseas conspiracy
New Zealand courts hold no jurisdiction over conspirator who enters into conspiracy abroad and never comes to New Zealand.
Conspiracy between NZ and other country
Where Conspirators between New Zealand and another country, courts will likely take view conspiracy formed in both countries simultaneously. Given New Zealand is one of the countries where conspiracy falls at lies within jurisdiction of New Zealand courts.
Admissibility of evidence
Where there Is an intent to carry out essential element? There must be a common aim anything that the conspirators or party to the joint charge says or does to further common purpose is admissible against others involved. This is the exception to the hearsay rule. Conspirators should be jointly charged.
Witness statements
- Who is present at the time of the
agreement, - Whom between agreement was made,
- what offence planned
- what act were carried out to further the common purpose.
Suspect interview
- Existence of agreement.
- Agreement to omit to do something
- Intent of those involved
- Identity of all people
- Whether anything written/said/done
