Conspiracy

Question 1

Conspiring to commit an offence - what is the Act and Section?

Answer 1

Crimes Act 1961, Section 310

Question 2

What is the punishment for conspiracy?

Answer 2

A term of imprisonment not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and in any other case is liable to the same punishment as if he had committed that offence.
Unless a punishment is expressly prescribed by Crimes Act 1961 or by some other enactment

Question 3

Conspiracy to commit and offence overseas.

Is it an offence and what is the defence to a conspiracy to do or omit anything outside of New Zealand?

Answer 3

Yes it is an offence.
The person has a defence if they are able to prove that the act is not an offence under the law of the country where is was to be committed.
eg. two people in NZ conspire to each take on a second wife in Saudi Arabia knowing that such activity would be unlawful in NZ. They are not subject to conviction because in Saudi Arabia a person is permitted to have up to four wives.

Question 4

Elements of Conspiracy

Answer 4

• 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 NZ would be an offence

Question 5

Caselaw - Mulcahy v R

Answer 5

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 is indictable. When two agree to carry (the intended offence) in to effect, the very plot is an act in itself.

Question 6

Element - conspires

Answer 6

A conspiracy is an agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence by one or more parties to the agreement.
There must be an agreement and an intention to commit the offence.
Discuss - agreement, mens rea and actus reus

Question 7

Define omission and provide an example of this in relation to conspiracy.

Answer 7

Omission is a failure to act or leaving something out.
eg. a security guard deliberately fails to lock a door that he would normally secure with the aim being that his associates gain entry to commit a burglary

Question 8

Explain the liability of a person who agrees to commit an offence but then withdraws from the agreement before the completion of the intended offence.

Answer 8

A person withdrawing from the agreement is still liable 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 in made.

Question 9

When is the offence of conspiracy complete?

Answer 9

The offence is complete on the agreement being made, accompanied by the required intent. it does not require any further progression towards its completion by those involved in the agreement.

Question 10

Caselaw - R v Sanders

Answer 10

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 11

Describe the mens rea necessary for a conspiracy.

Answer 11

• 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 mental intent must be to commit the full offence

Question 12

What is the acuts reus of conspiracy?

Answer 12

The actus reus is the agreement between two or more people to put their common design into effect. It must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 13

Intent

Answer 13

In a criminal law context there are two specific types of intent. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.

Question 14

What circumstantial evidence can infer the offenders intent?

Answer 14

• the offenders actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 15

Can a person be liable of a conspiracy in circumstances here they are incapable of effectively carrying out the substantive offence?

Answer 15

Yes

Question 16

Caselaw - R v White

Answer 16

Where you can prove that a suspect conspired with other parties (one or more people) who identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 17

Conspiring with Spouse

Answer 17

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 18

Define offence and crime

Answer 18

As an act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in section 6 of the Criminal Procedures Act 2011.

Question 19

Jurisdiction

Answer 19

Section 7, Crimes Act 1961
Where any part of the offence or any act necessary to complete the offence occurs in NZ, the offence is deemed to be committed in NZ, whether or not the person charged with the offence was in NZ or not at the time.

Question 20

Discuss conspiracy entered in to overseas.

Answer 20

A person who enters into a conspiracy overseas is amenable to the jurisdiction of NZ only if they are later physically present in NZ and act in continuance of the conspiracy.

Question 21

Discuss conspiracy between parties in NZ and overseas

Answer 21

The courts will likely take the view that the conspiracy was formed in both countries simultaneously, and given that NZ is one of those countries in which the conspiracy falls, it would lie within the jurisdiction of the NZ courts.

Question 22

Discuss admissibility of evidence in conspiracy cases.

Answer 22

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.

Question 23

What points should be covered when interviewing witnesses to conspiracy?

Answer 23

• 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

Question 24

What points should be covered when interviewing suspects to conspiracy?

Answer 24

• the existence of an agreement to commit an offence
• the existence of an agreement to omit or do something that would amount to an offence
• 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

Question 25

Why is it sometimes undesirable to lay both a substantial charge and a conspiracy charge?

Answer 25

• the evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges
• the judge may disallow the evidence as it will be too prejudicial
• the addition of a conspiracy charge may unnecessarily complicate or prolong a trial
• where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
• severance may be ordered

Question 26

In what cases would you lay both a substantive charge and a conspiracy charge?

Answer 26

If the substantive charge does not adequately represent the total criminality, you may need to include a charge of conspiracy.

Question 27

Element - any person

Answer 27

proved circumstantially or by judicial notice

Question 28

Element - to commit any offence

Answer 28

Define offence
An act or omission that is punishable on conviction under any enactment, and are demarcated into four categories described in section 6 of the Criminal Procedures Act 2011.

Question 29

Element - to do or omit, in any part of the world, anything of the which the doing or omission in NZ would be an offence.

Answer 29

Discuss

• Jurisdiction
• Conspiring overseas

Question 30

Define - act

Answer 30

To take action or do something

Question 31

What offences are specified conspiracy offences and do NOT come under s.310?

Answer 31

• treason
• murder
• piracy
• defeating justice