Conspiracy Flashcards
Conspiracy
S310(1) CA 1961
-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 NZ would be an offence.
310(2)
This section shall not apply where a punishment for conspiracy is otherwise expressly prescribed by this act or some other enactment
Defence to conspiracy
310(3)
Where anyone charged under this section with conspiring to do act or omission outside NZ, it is a defence to prove the doing or omission was not an offence under the law of the place where it was, or was to be done or omitted
Mulcahy v R
A conspiracy consists not merely of 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 into effect, the very plot is an act itself
R v 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 completions of it’s performance or abandonment or in any other manner by which agreements are discharged.
Men’s Rea and Actus Reus of conspiracy
Men’s rea- an intention of those involved to agree
-an intention that the relevant course of conduct be pursued by those party to the agreement
Actus Reus - the actual agreement to put their design into effect. Eg physical a ra, words or gestures. There is no need to decide how to commit the offence
Intent
Deliberate Act - an act or omission done deliberately
Intent to produce a result - aim, object or purpose
Can be proved through offenders actions and words, before, during and after the event
The surrounding circumstances
The nature of the act itself (r v collister)
R v White
Where you can prove that a suspect conspired with other parties who’s identities are unknown, that suspect can still be convicted even if the identity of the others is never established
Jurisdiction
S7 CA 1961
Where any act/omission, or any event necessary for completing an offence occurs in NZ, the it shall be deemed to have occurred in NZ, whether the person charged was in NZ or not at the time of the act, omission or event
The conspirator can only be charged if they actually come to NZ
Admissibility of evidence (conspiracy)
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved. This is an exception to the hearsay rule and as such conspirators should be jointly charged.
This does not include explanations made after the common purpose is carried out.
Investigation Procedure - Witnesses
Interview and obtain statements covering
- the identity of the people present at the time of the agreement
- with whom the agreement was made
- what offence was planned
- any acts carried out to further the common purpose
Investigation Procedure - Suspects (conspiracy)
Interview and obtain statements covering
- the existence of agreement to commit offence, or
- existence of agreement to omit to do something that would amount to an offence, and
- the intent of those involved in the agreement
- the identity of people concerned
- whether anything was written, said or done to further the common purpose
Charging with conspiracy or full offence?
When the substantive charge can be proved you should avoid laying a conspiracy charge, unless it fails to adequately represent the criminality of the offending.
Spouse and civil union partners are capable of conspiracy (S67)
Punishment for conspiracy
S310(1)
Liable to 7 years if the max punishment for the offence exceeds 7 years, otherwise liable to same punishment as for commiting the offence
