Conspiracy Flashcards
Name the section and act.
What is the penalty?
S. 310(1), CA 61
7yrs max. If original offence is under 7yrs then penalty will be same as that offence
Prosecution must prove?
- 2 or more persons involved
- an agreement was made
- the agreement made was to commit an offence
- at the time of the agreement the INTENTION was to commit the offence
When is conspiracy complete?
When he agreement is made with the required intent to carry it out
What is the case law for “When does conspiracy ends?”
R v Saunders
It is ended by the completion of its performance of abandonment or in any other matter by which agreement are discharged
Define “Conspiring with spouse or partner”
Provide section and act?
A person is capable of conspiring with his or her spouse or civil union partner
S.67, CA 61
List the ingredients for Conspiracy
Everyone who conspires with any person to commit an 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