Conspiracy Flashcards
Conspiracy Sec.310(1)C.A.61
.1 Every one .2 Conspires .3 With any person .4 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.
Conspiracy Sec.310(1)C.A.61
.1 Every one
.2 Conspires
.3 With any person
.4 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.
When is the offence of conspiracy complete?
The offence is complete on the agreement being made. A person withdrawing from the agreement is still guilty of conspiracy. However, a person can effectively withdraw before the actual agreement is made.
What is the mens rea (mental intent) for conspiracy?
- An intention of those involved to agree; and
2. An intention that the relevant course of conduct should be pursued by those party to the agreement.
What is the actus reua (physical element) for conspiracy?
The agreement between two or more people to put their common design into effect. The agreement must be made before the commission of the acts, which make p the full offence & the object of the conspiracy.
Explain the term omission.
A failure to act or fulfil a moral or legal obligation.
Is a person capable of conspiring with his or her spouse?
Yes. A person is capable of conspiring with his or her spouse of civil union partner, or with his or her spouse or civil union partner & any other person.
Is a person who entered into a conspiracy overseas subject to the jurisdiction of NZ courts?
Yes. Only if they are later physically present in NZ & act in continuance of the conspiracy.
When is the offence of conspiracy complete?
The offence is complete on the agreement being made. A person withdrawing from the agreement is still guilty of conspiracy. However, a person can effectively withdraw before the actual agreement is made.
When can a person withdraw from a conspiracy and not be criminally liable?
A person withdrawing from the agreement is still guilty of conspiracy. However, a person can effectively withdraw before the actual agreement is made.
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions & words before, during & after the event.
- the surrounding circumstances.
- the nature of the act itself.
What is a defence to conspiring to commit an offence in another part of the world?
A defence is if they are able to prove that the act is not an offence under the law of the place where it was to be committed.
R v Mulcahy
A conspiracy consists not merely in 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 (the intended offence) 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 & therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
Can a person conspire alone to commit an offence?
No. There must be another conspirator for an offence to be committed. However, their identities can remain unknown.
