Conspiracy Definitions

Question 1

Conspiracy

Answer 1

Agreement between two or more people to commit an offence.

Occurs before principal offence committed.

Question 2

Section 310 Crimes Act - Conspiring to commit offence

Sub Sec (1)

Answer 2

(1) Subject to (2)…everyone who conspires with any person to commit an offence…or to do or omit, in any part of the word anything which the doing or omission in NZ would be an offence…. is liable to: - imprisonment for a term not exceeding 7 years if max punishment for that offence exceeds 7 years
- in any other case is liable to the same punishment as if he had committed that offence

Question 3

Section 310 Crimes Act - Conspiring to commit offence

Sub Sec (2)

Answer 3

This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or some other enactment

Question 4

Section 310 Crimes Act - Conspiring to commit offence

Sub Sec (3)

Answer 4

Where undee this section anyone is charged with Conspiring to do or omit anything anywhere outside of 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, doelne or omitted.

Question 5

Elements

Answer 5

1 - Conspires

2 - With any person

3 - to commit an offence OR to do or omit, in any part of the word

4 - Anything of which the doing or omission in NZ would be an offence

Question 6

1 - Conspires

Answer 6

An agreement to pursue a course of conduct which would amount to offence (Greenfield)

Consists not merely in intention, but in agreement or 2 or more to do unlawful act or lawful act by unlawful means (Muchahy V R)

Question 7

2 - With any person

Answer 7

Can not conspire alone.

Agreement must be two or more persons

Proven circumstantially.

Can include a party thay is unable to carry out substantive offence themselves.

Person = Accepted by JN, proven by CE. GN.

R v White: suspect can be convicted even if ID of other patients can not be established

Question 8

Omit

Answer 8

Omission = failure to act.

Security guard deliberately fails to lock door

An omission can be the object of a conspiracy

Question 9

Offence

Answer 9

Any act or omission that is punishable on conviction under any enactment.

4 categories under section 6 of Criminal Procedures Act 2011

Question 10

Act

Answer 10

Oxford dictionaries:
To take action or do something,
To bring about a particular result.

Question 11

Omission

Answer 11

Oxford dictionaries:
The act of excluding or leaving out someone or something, a failure to fulfill a moral or legal obligation.