Conspiracy Flashcards
Conspiracy definition
A conspiracy is an agreement between two or more people to commit an offence. This necessarily occurs before the principal offence is committed. It comes after the intent to commit the crime, and before the attempt. Therefore, in cases where the crime has not actually been committed, and where there is insufficient evidence to prove an attempt, a charge of conspiracy may be appropriate.
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
Conspiracy act and section?
Section 310, crimes act 1961
Case law: 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 ….”
Completion of a conspiracy?
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
Case law: 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 offence
The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct. There is no requirement for the conspirators to actually carry out the illegal conduct on which the agreement is based. If this were the case it would likely equate to an attempt or the actual commission of the intended offence.
The physical acts, words or gestures used by the conspirators in making their agreement is what is to be considered the actus reus of a conspiratorial agreement (whether this is an express or implied agreement).
Mens Rea of offence
The offenders’ mental intent must be to commit the full offence. Where this intent does not exist no crime has been committed.
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
Two types of intent in criminal law
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.
Proving intent
In general terms the onus is on the prosecution to prove the offender’s intent beyond a reasonable doubt.
Where possible, it is good practice to support any admissions or confessions as to an offender’s intent with circumstantial evidence from which their intent can also be inferred.
Circumstantial evidence from which an offender’s intent may be inferred can include:
x the offender’s actions and words before, during and after the event
x the surrounding circumstances
x the nature of the act itself.
Case law R v White
A person cannot conspire alone; there must be another conspirator for an offence to be committed.
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.
Define ‘act’
Act: To take action or do something, to bring about a particular result: Oxford Dictionaries, Oxford University Press.
Define ‘omission’
Omission: the action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation: Oxford Dictionaries, Oxford University Press.
What to cover in interview for conspiracy witness
Interview and obtain statements from witnesses covering:
x the identity of the people present at the time of the agreement x with whom the agreement was made
x what offence was planned
x any acts carried out to further the common purpose.
What to cover in interview of suspects for conspiracy
Interview the people concerned, and obtain statements, to establish:
x the existence of an agreement to commit an offence, or
x the existence of an agreement to omit to do something that would amount to
an offence, and
x the intent of those involved in the agreement
x the identity of all people concerned where possible
x whether anything was written, said or done to further the common purpose.
