Conspiracy

Question 1

Mulcahy v R

Answer 1

“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 design rests on 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 2

R v Sanders

Answer 2

“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 3

R v White

Answer 3

“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 identities of the other parties is never established and remains unknown.”

Question 4

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

Answer 4

A person withdrawing from the agreement is still guilty of conspiracy as are those people who became party to the agreement after it has been made. However a person can effectively withdraw before the actual agreement is made.

Question 5

When is the offence of conspiracy complete?

Answer 5

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

Question 6

What five points should be covered when interviewing conspiracy suspects?

Answer 6

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

Question 7

Conspiracy Liability

Answer 7

Section 310(1) Crimes Act 1961
Conspires
With any person
To commit any offence OR
To do or omit, in any part of the world
anything of which that doing or omission in New Zealand would be an offence