Conspiracy Flashcards
Conspiracy
Section and Penalty
S310(1) CA61
7 Years Imp
if penalty of that offence exceeds 7 years - otherwise same penalty
Conspiracy
Elements
- 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.
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
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
The mens rea (mental intent) necessary for a conspiracy is:
- 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
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.
Definition of Offence/Crime
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.
Act and Omission Definition
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.
Withdrawing from the agreement
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.
