Conspiracy

Question 1

S310 CA61

Answer 1

(1) subject to the provisions of subsection (2) of this section, every one who 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, is liable to imprisonment for a term 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.
(2) this section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or by some other enactment.
(3) where under this section any one is charged with conspiring to do or omit anything anywhere outside NZ, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.

Question 2

The elements of conspiracy

Answer 2

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 omissions in NZ would be an offence

Question 3

“Conspires” Mulcahy v R

Answer 3

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.

Question 4

The essence of conspiracy

Answer 4

Is an agreement to pursue a course of conduct which, if carried out, would amount to the commission of an offence or involve the commission of an offence by one or more parties to the agreement. (Greenfield)

Question 5

Act and Omission defined

Answer 5

Act: to take action or do something, to bring about a particular result.

Omission: the action of excluding or leaving out someone or something, failure to fulfill a moral or legal obligation.

Question 6

Withdrawing from agreement

Answer 6

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.

Question 7

Completion of conspiracy

Answer 7

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 involved in the agreement is required

Question 8

(When a conspiracy ends) R v Sanders

Answer 8

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 9

The conspiratorial agreement requires the operation of both physical and mental faculties. Explain the mens rea and actus reus necessary.

Answer 9

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

The actus reus (physical element) of conspiracy is:

• the agreement between two or more people to put their common design into effect.
• the agreement must be made before the commission of the act which make up the full offence and the object of the conspiracy.

Question 10

(Two or more people) R v White

Answer 10

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.

Question 11

Conspiring with a spouse or partner

Answer 11

S67 CA61
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 12

Offence defined

Answer 12

“Offence” and “crime” are used interchangeably in statute, and there is no material difference between them. May be described as any act or omission that is punishable on conviction under any enactment.

Question 13

Jurisdiction

Answer 13

S7 CA61
For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in NZ, the offence shall be deemed to be committed in NZ, whether the person charged with the offence was in NZ or not at the time of the act, omission, or event.

Question 14

CA61 contains specific provisions for conspiracy to commit certain offenses such as:

Answer 14

Treason, piracy, making false accusations, defeating justice, murder.

Question 15

Conspiracy investigation procedure

Answer 15

• Witnesses interview
• Suspects interview
• consider SW to locate & seize evidence to support charges. Electronic interception of communications if circumstances justify such action.
• supervisor approval
• prosecution

Question 16

Witness interview. Interview and obtain statement from all witnesses covering: (4 points)

Answer 16

• 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 17

Suspect interview. Interview the people concerned and obtain statements to establish: (5 points)

Answer 17

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

Question 18

Laying both a substantive charge and a related conspiracy charge is often undesirable because: (5 points)

Answer 18

• Evidence admissible only on the conspiracy charge may have a prejudicial effect in relation to other charges.
• Judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendant’s guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge.
• Addition of a conspiracy charge 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. This means that each charging document may be heard at separate trials.