Conspiracy Flashcards
Section 310(3) - Defence to conspiracy
Where anyone is charged with conspiracy to do something outside of New Zealand, it is not a defense to prove that the doing of the act to which the conspiracy relates was not an offence under the law of the place where it was done.
Withdrawing from an agreement
A person can only effectively withdraw before the actual agreement is made. A person withdrawing from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made.
When is the offence complete?
The offence is complete when the agreement is with made with the required intent.
Mens rea required for a conspiratorial agreement (M/C)
Intention of those involved to agree.
Intention that the relevant course of conduct should be pursued
In relation to conspiracy, interview and obtain statements from witnesses covering: (S/A)
- Identity of people present at the time of the agreement made
- What offence was planned
- With whom the agreement was made
- Acts carried out to further the common purpose
In relation to conspiracy, interview suspects and obtain statements to establish: (S/A)
- Existence of an agreement to commit an offence
- Existence of an agreement to omit to do something that would amount to an offence
- Intent of those involved in the agreement
- Identity of all people involved in the agreement
- Whether anything was written, said or done to further the common purpose
Laying both a substantive charge and related conspiracy charge are often undesriable because?
- Amissable evidence for the conspiracy charge may have a prejudicial effect on other charges
- The judge may disallow the evidence as being prejudicial. The jury may assume guilty knowledge or intent regarding the other charge, basing assumption on the conpsiracy charge.
- The addition of a conspiracy charge may complicate and prolong a trial
- Severance may be ordered and each charge may be heard at seperate trials.
Mulcahy v R
Conspiracy consists not just in the intention of two or more, but in the agreement of two or more to do an ulawful act or to a lawful by unlaful means. When two agree to carry out the intended offence, the plot is an act in itself.
R v Sanders
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and is in existence until it is ended by completion or abondenment or in any other manner by which agreements are discharged.
R v White
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.
Actus reus required for conspiratorial agreement
The actual agreement between two or more people to commit an offence.
Admissability of evidence - Exception to hearsay rule
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissable against the others involved.
Explanations made after the common purpose is carried out becomes evidence only against the person making it.
Definition of Conspiracy
An agreement between two or more people to commit an offence.
Definition of intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be the intention to commit the act and secondly an intention to get a sepcific result.
Definition of offence
An act or omission that punishable on conviction under any enactment.
