Conspiracy Flashcards
Section and Penalty
S310(1) CA61 7 Years Imp (if penalty of that offence exceeds 7 years - otherwise same penalty)
Elements
- 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.
Definition of Conspiracy
Mulcahy v R 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 in itself.
Definition of Offence/Crime
They may be described as any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in s6, Criminal Procedures Act 2011.
Act and Omission Definition
Act: To take action or do something, to bring about a particular result.
Omission: the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
When is conspiracy complete
The offence is complete on the agreement being made with the required intent.
Of note: No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required
Actus Reus of Conspiracy
The actual agreement by two or more people to carry out the illegal conduct.
Of note: A simple verbal agreement will suffice and there is no need for them to have made a decision on how they will actually commit the offence.
Mere passive presence or knowledge of an intention does not amount to being a party to the conspiracy. If “A” plans to commit an offence and “B” simply knows that “A” has a plan, or was present when “A” discussed the plan, this is not enough for the charge of conspiracy.
Mens Rea of Conspiracy The mens rea (mental intent) 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.
Of note The offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
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 a conspiracy ends
R v Sanders
A conspiracy does not end with the the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by the completion of its performance or abandonment or in any other manner by which agreements are discharged.
Co-conspirator evidence admissability
There must be independent evidence of the conspiracy for a conspirator’s evidence to be admitted as evidence against his or her co-conspirator.
Unknown identities
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.
Interviewing Suspects
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.
Interviewing Witnesses
- 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.
