CONSPIRACY Flashcards
Conspiracy come after ______ and before an ______.
Conspiracy comes after INENT and before an ATTEMPT.
What are the mens rea and the actus reaus for conspiracy?
The mens rea is the intent to commit the offence.
The actus reus is the agreement to carry out that purpose.
What is the liability for Conspiracy:
CA61 s310 Conspiracy to Commit Offence
7 years
Conspires
With any person
To commit any offence or
To do or omit, in any part of the world
Anything of which the doing or omission in New Zesland would be an offence.
What is the conspiracy related case law for what needs to be proved (or what constitutes Conspiracy) ?
Mulcahy
“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 to do a lawful act by unlawful means. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, THE VERY PLOT IS AN ACT IN ITSELF …”
Does withdrawing from the agreement remove culpability to having committed Conspiracy?
No
Does withdrawing prior to agreement to commit the offence then save the person from prosecution?
Yes, because without the agreement there is no offence
Does Conspiracy include offences of Omission?
Yes, a non-action done to commit or facilitate a crime is eligible for conspirtol crimes
When is the crime of Conspiracy complete?
When there has been an AGREEMENT alongside the required INTENT
When does a Conspiracy end?
What is the relevant case law?
By completion or abandonment of the crime.
Case Law - SANDERS
“A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by COMPLETION of its performance or ABANDONMENT or in any other manner in which agreements are discharged.”
What is the Actus Reus of Conspiracy?
How is the Actus Reus proved?
The Actus Reus is the Agreement
It is proved by the PHYSICAL ACTS, WORDS or GESTURES used to signal the agreement.
Does an agreement to a conspiracy require an Express Agreement, or is it sufficient to be an Implied Agreement?
It is sufficient to be an Implied agreement.
Does conspiracy require that simply an agreement is reached, or does it also require that a plan has been formulated for how the act can be carried out.
Just the agreement is required to complete the offence.
Does mere passive knowledge of a conspiratorial agreement amount to being a party to the agreement?
No. The individual needs to be in agreement.
What is the Mens Rea of Conspiracy?
When the offenders mental intent is committed to the full offence.
Can a person who is incapable of committing the intended offence, be a co-conspirator to that offence?
Yes
Can a suspect be charged with conspiracy if the other parties are unknown?
What is the case law for this?
Yes
WHITE:
WHERE YOU CAN PROVE THAT A SUSPECT CONSPIRED with other parties (one or more people) whose identities are unknown, THAT SUSPECT CAN STILL BE CONVICTED EVEN IF THE IDENTITY OF THE OTHER PARTIES IS NEVER ESTABLISHED and remains unknown.
A person can conspire with their spouse or civil union partner. What section and act refers to this?
Section 67, Crimes Act 1961.
What does the law say about jurisdiction in relation to Conspiracy?
And what section and act is this found?
Section 7 Crimes Act 1961
Says that if any part of an offence occurs within NZ then it is deemed that the whole offence has occurred in NZ.
This includes whether the person charged was in NZ or not.
If the person charged with Conspiracy was not in NZ at the time of the offending, but part of the offending occurred in NZ, can the charge be upheld?
Yes, section 7 of the Crimes Act 1961 provides that it only requires that part of the offence occurred in NZ.
However, there is no jurisdiction over someone outside of NZ. Therefore, no charge can be laid until they enter NZ.
If someone commits Conspiracy outside NZ, what circumstances must be in place before they can be charged:
According to CommonLaw:
(1) All or part of the offence must have occurred in NZ.
(2) The person must enter NZ for there to be jurisdiction
(3) The Conspiracy must STILL BE IN EFFECT
If a person in NZ Conspires with another person to do an act in another country that is unlawful in that other country, can they be charged in NZ with Conspiracy?
What act and section deals with this?
According to s310(3) CA61,
Yes, they can. Because they are committing an act that is an offence both in NZ and that other country.
If a person conspires with another person to do an act in another country that is permissible in that country, but not permissible in NZ, then have they committed a Conspiritorial offence in NZ?
No. Because it was not an offence in that other country.
For Conspiracy, there is an exception to the hearsay rule. What is it?
Anything a conspirator says or does to further the common purpose is admissible against the others involved.
This doesn’t include explanations made after the common purpose is carried out. Then, the explanation is evidence only against the person making it.
The Crimes Act contains specific provisions for Conspiracy to commit certain offences. Name 4 offences that apply:
(1) Treason
(2) Piracy
(3) Defeating Justice
(4) Murder
(5) Making false accusations
