Conspiracy

Question 1

Section and Penalty

Answer 1

S310(1) CA61

Same penalty
7 Years (if penalty of that offence exceeds 7 years )

Question 2

Elements

Answer 2

• 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 3

Mulcahy v R

Answer 3

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.

Question 4

When is conspiracy complete

Answer 4

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 involved in the agreement is required.

Question 5

R v Sanders

Answer 5

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”.

Question 6

Actus Reus of Conspiracy

Answer 6

The actual agreement by two or more people to carry out the illegal conduct.

**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.

Question 7

Mens Rea of Conspiracy

The mens rea (mental intent) necessary for a conspiracy is:

Answer 7

• 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.

**The offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.

Question 8

Intent

Answer 8

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.

Question 9

Proving Intent

Answer 9

• The offender’s actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself.

Question 10

R v White

Answer 10

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.

**A person cannot conspire alone; there must be another conspirator for an offence to be committed.

Question 11

Definition of Offence/Crime

Answer 11

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.

Question 12

Act and Omission Definition

Answer 12

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.

Question 13

Withdrawing from the agreement

Answer 13

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.

Question 14

Conspiring with Spouse or Partner
S67 CA61
Legislation

Answer 14

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Question 15

Jurisdiction
S7 CA61
Legislation

Answer 15

For the purpose of jurisdiction, where any act or omission forming part of any offence,

or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand,

whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event.

Question 16

Defence to Conspiracy to commit an offence overseas

Answer 16

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.

Question 17

Conspiracy between parties in NZ and other country

Answer 17

Where a conspiracy is made between parties in New Zealand and another country, the courts will likely take the view that the conspiracy was formed in both countries simultaneously, and

given New Zealand is one of those countries in which the conspiracy falls, it would lie within the jurisdiction of the New Zealand courts.

Question 18

Investigative Procedure

What to cover in witness statements

Answer 18

1. The identity of the people present at the time of the agreement
2. With whom the agreement was made
3. What offence was planned
4. Any acts carried out to further the common purpose.

Question 19

Investigative Procedure

What to cover in suspect statements

Answer 19

1. The existence of an agreement to commit an offence, or
2. The existence of an agreement to omit to do something that would amount to an offence, and
3. The intent of those involved in the agreement
4. The identity of all people concerned where possible
5. Whether anything was written, said or done to further the common purpose.

Question 20

Prosecution

Laying both a substantive charge and a related conspiracy charge is often undesirable because:

Answer 20

• Prejudicial - The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• Quashed - Where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed.
• Prolong - The addition of a conspiracy charge may unnecessarily complicate and prolong a trial.
• Disallow - The judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• Severance - Severance may be ordered. This means that each charging document may be heard at separate trials.