Conspiracy Flashcards
What are the elements of conspiracy?
Conspiracy s310, Crimes Act 1961.
- Conspires
- With any person
- To commit any offence ‘or’
- To do or ommit, in any part of the world
- Anything of which the doing or omission in New Zealand would be an offence.
What was held in Mulcahy v R?
Intention to carry out
Mulcahy v R (Intention to carry out)
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 by unlawful means. So long as such a design resits in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself.
Define withdrawing from the agreement?
A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.
When is the offence of conspiracy complete?
The offence is complete on the agreement being made with the required intent. No further progression towards the completion of the offence nor further involvement by the parties in the agreement is required.
What was held in in R v Sanders?
Conspiracy complete
R v Sanders (Conspiracy complete)
A conspiracy does not end in 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.
What is the Mens Rea and Actus Reus of Conspiracy?
Mens Rea
The mens rea necessary for a conspiracy is:
-An intention of those involved to agree, and
-An Intention that the relevant course of conduct should be pursued by those party to the agreement.
Actus Rea
The Actus Reus of conspiracy is the agreement between two or more people to put in their common design into effect. The agreement must be made before the commission of the acts which make up the full offence and the object of conspiracy.
What was held in R v White?
Can charge only one party
R v White (Can charge only one party)
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.
What should you cover in a witness statement for conspiracy?
Interview and obtain statements from witnesses 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.
What should you cover when interviewing suspects for conspiracy?
Interview the people concerned and obtain statement to establish:
- The existence of an agreement to commit an offence, ‘or’
- The existence of an agreement to omit to do something that would amount to an offence, and
- The intent of those involved in the agreement.
- The identity of all people concerned where possible.
- Whether anything was written, said or done to further the common purpose.
Why is laying both a substantive charge and a related conspiracy charge often undesirable because?
When the substantive charge can be proved you should avoid laying a conspiracy charge, unless the substantive charges fail adequately represent the total criminality of the offending encountered.
