Conspiracy

Question 1

What are the Ingredients for Conspiracy?

Answer 1

Conspiracy
Sect 310(1)
Same as offence or 7yrs max

1. Conspires
2. Person
3. To commit an offence

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 2

Case Law

1. R v Sanders
2. R v White

Answer 2

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 COMPLETION OF ITS PERFORMANCE or ABANDONMENT 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.

Question 3

Case Law - R v Mulcahy (Agreement)

Answer 3

R v MULCAHY
A conspiracy does not simply rely on the intention of two or more people to commit an offence but an agreement to do an unlawful act, or to do a lawful act by unlawful means.

Where there is only the intention to commit the offence without an agreement, then no offence is committed.