Conspiracy

Question 1

What is the Act and section for conspiracy?

Answer 1

Section 310, Crimes Act 1961

Question 2

What are the elements of conspiracy?

Answer 2

1) Conspires
2) With any person
3a) To commit any offence
OR
3b) To do or omit, in any part of the world
3c) Anything of which the doing or omission in New Zealand would be an offence.

Question 3

Explain the following element of conspiracy:

1) Conspires

Answer 3

Actus Reus: A conspiracy is an agreement to do an unlawful act or a lawful act by unlawful means.

Men Rea: The parties must intend to commit the agreed offence.

Conspiracy requires more than just an intention to commit the act, there must be an agreement to carry out the intended offence. - R v Mulcahy

The conspiracy does not end with the making of the agreement. It continues in force until its performance or abandonment or is otherwise discharged. - R v Sanders

Question 4

Explain the following element of conspiracy:

2) With any other person

Answer 4

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

Where you can prove that a suspect conspired with other parties whose identities are unknown, the known suspect can still be convicted. - R White

Question 5

Explain the following element of conspiracy:

3a) To commit any offence

Answer 5

Any act or omission that is punishable upon conviction.

Question 6

Explain the following elements of conspiracy:

3b) To do or omit, in any part of the world
3c) Anything of which the doing or omission in New Zealand would be an offence.

Answer 6

If a person in NZ conspires to do an act or omission overseas which would be an offence in NZ, they are liable.

They have a defence if the act is legal in the place where the act is to be committed.

Question 7

When investigating a conspiracy, what should all suspect statements cover?

Answer 7

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

Question 8

If a person is physically incapable of carrying out an agreed offence, can they still be liable for conspiracy?

Answer 8

Yes