Conspiracy Flashcards
Conspiracy.
Section and Penalty.
Sec 310(1) CA 61
7 Years Imprisonment - If penalty of that offence exceeds 7 years.
Otherwise if offence penalty under 7 years, the same penalty as offence ie. the lesser amount.
Conspiracy.
Ingredients.
- 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.
Conspiracy.
Case Law.
Mulcahy v R.
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.”
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.
Conspiracy.
Case Law.
R v Sanders.
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”.
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.
- 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.
Definition.
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.
Conspiracy.
Case Law.
R v White.
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.”
Of note:
A person cannot conspire alone.
There must be another conspirator for an offence to be committed.
Offence / Crime.
Definition.
Offence and crime are interchangeable terms.
They are any act or omission that is punishable, on conviction, under any enactment.
Offences are demarcated into four categories described in Sec 6, Criminal Procedures Act 2011.
Act and Omission.
Both definitions.
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.
Conspiracy.
Withdrawing from the agreement.
Comment.
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.
Conspiracy.
Points for suspect interview.
- Existence of an agreement to commit offence (either in NZ or overseas).
- Intent of all those involved.
- Identity of all those involved.
- Anything written, communicated, said, or done to further the common purpose.
Conspiracy
Note: Spouses.
Sec 67 CA 61
A person can conspire with their spouse or civil union partner. Also with spouse and another person.
Conspiracy.
Note: Offences in NZ.
Sec 7 CA 61
If any act or omission forming part of an offence, or any event necessary to complete the offence, occurs in NZ then the offence is deemed to have occured in NZ. Regardless if the person was in NZ or not at the time of the offence.
