CONSPIRACY

Question 1

S310 specialised …

Answer 1

conspiracy only applies to those offences which do not have a specialised section for conspiracy for exmaple consiracy to murder under s175 overrides s310

Question 2

what is the nature of this type of crime

Answer 2

dealing in prepatory actions

Question 3

what should be assesed first due to the nature of the crime

Answer 3

given the nature of the type of crime (delaing in prepatory actions), MR should be assessed first as said in gemmel

Question 4

in what case outlined the requirements for conspiracy

Answer 4

richards

Question 5

elements for conspiracy

Answer 5

1. common intention MR
2. manifested by agreement AR
3. agreement being of real conduct, maks corse of conduct more likely to be carried out
4. unlawful act (IMPOSIBILTY)

Question 6

what are the mens rea requirements for conspiracy

Answer 6

the INTENTION to carry criminal act into effect

two or more people share intention, meeting of the minds

Question 7

what is the actus reus requirements for conspiracy

Answer 7

the AGREEMENT to carry the criminal act into effet

Question 8

conspires means

Answer 8

planning secretly for an unlawful purpose

Question 9

joining and leaving

WHAT CASE

Answer 9

peopel can join or leave a conspiracy at any stage

HARRIS

Question 10

knowlingly cooperating

WHAT CASE

Answer 10

knwoing coperating a conspiracys further objevtive can make you liable

HARRIS

Question 11

initial ignornace

WHAT CASE

Answer 11

initial ignornace to the conspirancy is not a defence if you discover what is happening and actively stay invloved

HARRIS

Question 12

REAL conseuqnce

what case

Answer 12

the agreement must be of real consequnce

richards

Question 14

acquiescence to a couse of condiuct

what case

Answer 14

if a person feels coerced or pressured into accepting terms without having the power to negotiate or reject them, their acceptance may be seen as lacking true consent

richards

Question 15

anterior agreement

Answer 15

parties must have come to a mutual understanding or decision to engage in criminal conduct before the crime is actually committed

Question 16

conspiracy to commit an impossible offence

WHAT CASE

Answer 16

conspiracy to commit an offence that is impossible is still a crime

in Sew hoy there were security safe guards in place they were still liable for conspiracy to commit the crime as although factually impossible it was not legally imposs

SEW HOY

Question 17

what is the penalty of 310

Answer 17

max 7 years in prison

Question 18

R v gemmel

ar and mr

Answer 18

the MR is to come before the AR

meaning the intention to carry the crime into effect needs to come before the agreement

here G giving a ride to the perpetrators on the night constittues the agreemnt howveer the intention was lost when he backed out due to the firearms

Question 19

r v harris

leaving

Answer 19

mortgage fraud
it didnt matter that h joined the conspiracy later on as people can join and leave at various stages if they knowing further the objective, even if they are naive if they stay activekly involved after discouveing what is worng they are liable

Question 20

r v richards

heirion

Answer 20

r makes herion for m pass it to t to pass to m for use FOUND THAT you can conspire to provide your self with drugs, m was party TO

law was that AR must be anterior in time to the object crime contemplated in the agreemmet and the agreement msut be of real consequences

Question 21

r v lang

phoen deal

Answer 21

drug deal over phone, after 30 min complete. one off deal

you cannot supply you self with drugs and be liable for conspiracy as this would result in all drug cases involing a conspiracy

overturns richards

Question 22

r v johnson

weed

Answer 22

weed posted from nz to uk, packages intercepted

j could be charged as the act wanst completed until he told his neighbour who a package was being sent to which he wasnt able to do

A conspiracy starts when people agree to do something illegal. It doesn’t end until they either finish what they planned or stop trying.

Question 23

r v sew hoy

Answer 23

SH important mens clothing into NZ as womens as it was cheaper

although the crime was factually impossible due to the safegaurds in place it wasnt lgeally impossible menaing it wasnt an imgainary crime

creates the distinction between legal and factual impossibilty