Conspiracy

Question 1

Ingredients to Conspiracy

Answer 1

1. 1 Conspires
2. 2 With any person
3. 3 To commit any offence

Question 2

Act and section for Conspiracy

Answer 2

Section 310(1)

Crimes Act, 1961

Penalty: 7 Years

Question 3

For a conviction the crown must prove that:

Answer 3

1. Two or more persons were involved
2. An agreement was made
3. The agreement was to commit the offence
4. At the time of the agreement thier intention was to commit the offence

Question 4

Definition of conspiracy

(as per Sec.310(1))

Answer 4

…every one who 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 Zealand would be an offence…

Question 5

When Does a conspiracy end?

(refer case law definition)

Answer 5

R v Sanders

A conspiracy does not end with the making of the agreement. It continues in existence until:

• Completion of its performance
• Abandonment
• Agreement discharged in any manner

Question 6

Case law for conspiracy (5)

Answer 6

Conspiracy defined - Mulcahy v R

Extent of a conspiracy - R v Sanders

Intent - Mohan v R

         _Waaka v R_

Conspiring with unknown parties - R v White

Question 7

Define R v White

Answer 7

R v 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.