Conspiracy

Question 1

The actus reus of conspiracy is:

Answer 1

The agreement between two or more people to carry out a crime.

Note: Simple verbal agreement will suffice, decision on how they will actually commit the offence is not required.

Question 2

When is a conspiracy complete?

Answer 2

The offence is complete on the agreement being made with the required intent.

No further progression towards the completion of the offence nor further involvement by the parties is required.

Question 3

Intent

Answer 3

R v Collister

In a criminal law context there are two specific types of intention in an offence. Firstly, an intention to commit the act and secondly, an intention to get a specific result

Question 4

Circumstantial evidence from which an offender’s intent may be inferred can include:

Answer 4

• Offender’s actions and words before, during and after
• Surrounding circumstances
• Nature of the act itself

Question 5

R v White

Answer 5

Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other party is never established and remains unknown.

Question 6

R v Sanders

Answer 6

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.

Question 7

Conspiring with spouse or partner - Act/ Section/ Wording

Answer 7

Conspiring with spouse or partner
Crimes Act 1961 Section 67

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union parter and any other person.

Question 8

Offence - Definition

Answer 8

An offence is 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.

RTS - Robbery is an offence under the Crimes Act 1961, and is classified as a category 4 offence.

Question 9

Exception to the hearsay rule: S/A

Answer 9

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, which is an exception to the hearsay rule and conspirators should be jointly charged. However, does not include explanations made after the common purpose is carried out.

Question 10

Mulcahy v R

Answer 10

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 such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself.

Question 11

Conspiracy - Offence/ Section/ Elements

Answer 11

Conspiring to commit offence
Crimes Act 1961 Section 310(1)

1. Everyone who
2. Conspires
3. With any person
4. 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

Question 12

Withdrawing from the agreement?

Answer 12

A person who withdraws from the agreement is still guilty of conspiracy as are those who become party to the agreement after it has been made.

A person can only effectively withdraw before the actual agreement is made.

Question 13

The mens rea necessary for a conspiracy is:

Answer 13

To commit the full offence.

Question 14

Investigative Procedure - Witnesses

Interview and obtain statements from witnesses covering?

Answer 14

• The identify 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 15

Investigative Procedure - Suspects

Interview the people concerned, and obtain statements, to establish?

Answer 15

• The existence of an agreement to commit an offence or omit to do something that would amount to an offence
• Intent of those involved
• Identity of all people concerned where possible
• Whether anything was written, said or done to further the common purpose

Question 16

Act and omission meanings:

Answer 16

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.

Question 17

Does a person need to have been in NZ at the time of the act to be charged?

Answer 17

No, a person charged with conspiracy need not have been in NZ at the time of the act, omission or event.

Question 18

Entering a conspiracy overseas/ defence

Answer 18

Crimes Act, 1961 Section 310(3)

Where a person is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of that act was not an offence under the law of the place where it was, or was to be, done or omitted.

Question 19

Where the substantive charge can be proved you should avoid laying a conspiracy charge, unless the substantive charge fails to adequately represent the total criminality.

Laying both a substantive charge and a related conspiracy charge is often undesirable because:

Answer 19

• The evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• May unnecessarily complicate and 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 (charging docs heard at separate trails)

Question 20

A person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if?

Answer 20

They are later physically present in NZ and act in continuance of the conspiracy.