Conspiracy - Lesson Notes

Question 1

Conspiracy

Answer 1

Is an agreement between two or more people to commit an offence. It comes after the intent to commit the crime and before the attempt.

Question 2

For a conviction the crown must prove

Answer 2

Two or more person were involved
An agreement was made
The agreement was to commit an offence
At the time of the agreement their intention was to commit the offence

Question 3

When is a conspiracy complete

Answer 3

When the agreement being made with the required intent

Question 4

What does the agreement require

Answer 4

Mens Rea  (mental intent) An intention of those involved to agree 
Actus Reus (physical element) the agreement between two or more people to put their common design into effect.

Question 5

What is conspiracy

Answer 5

Conspiracy is an agreement by two or more people to commit an offence or to do or omit to do anything that would be an offence anywhere in the world

Question 6

What needs to be proven

Answer 6

The intent of the offenders must be to commit the offence.

Question 7

When is conspiracy complete

Answer 7

The offence of conspiracy is complete on the offenders agreeing to commit an offence, and continues until they have carried out their objective or until it is abandoned or frustrated (eg one of the parties to the conspiracy dies). A person who later withdraws from the agreement is still guilty of conspiracy.

Question 8

Can you withdraw from a conspiracy

Answer 8

You can effectively withdraw from a conspiracy before an agreement is reached, but not following the agreement to commit the intended offence

Question 9

Do they need to go into detail about how it will be committed

Answer 9

The actual agreement need not warrant discussion or decision on how the offenders will actually go about the commission of the offence, a simple verbal agreement to commit the offence will suffice.

Question 10

Is there a defence to conspiracy

Answer 10

For an offence intended to be carried out somewhere other than New Zealand, it is a defence to a charge of conspiracy where the person charged can prove that the act or omission was not an offence under the law of the place where it was to be carried out.

Question 11

Can a co-conspirator evidence be admitted

Answer 11

There must be independent evidence of the conspiracy for a conspirator’s evidence to be admitted as evidence against his or her co-conspirator(s).

Question 12

Can a person be charged if the co-conspirator is not known

Answer 12

A person can be charged and convicted of conspiring with a person(s) unknown.

Question 13

Can they be charged if they are incapable of carrying it out

Answer 13

Yes, A person can be charged with conspiracy in circumstances where they themselves are incapable of effectively carrying out the substantive offence.

Question 14

What should you consider when interviewing

Answer 14

When interviewing conspiracy suspects you should consider: the existence of an agreement to commit an offence, or the existence of an agreement to omit to do something that would amount to an offence; the intent of those involved in the agreement; the identity of all people concerned where possible; and whether anything was written, said or done to further the common purpose.

Question 15

Are spouses or civil union partners capable of conspiring together

Answer 15

Yes, Spouses or civil union partners are capable of conspiring together.

Question 16

Act, Section, Penalty, Legislation for Conspiracy

Answer 16

Section 310, Crimes Act 1961
(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 New Zealand 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.

Question 17

What is a defence to Conspiracy

Answer 17

(3) Where under this section any one 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 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 18

Ingrediants of Conspiracy

Answer 18

The ingredients of the offence of conspiracy are:
• 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.

Question 19

Can a person withdraw from a conspiracy

Answer 19

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.
Example:
Three people intend to and discuss how to commit a service station robbery. The first two parties agree that they, collectively, will commit the offence while the third reconsiders and withdraws before the agreement is made. The first two are co-conspirators but because the third withdrew before the agreement he is not liable.

Question 20

When is a conspiracy complete

Answer 20

The offence is complete on the agreement being made. No further progression towards the completion of the offence nor further involvement by the parties involved in the agreement is required.

Question 21

When a conspiracy ends Case Law

Answer 21

R v Sanders (1984) 1 CRNZ 194
“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 22

What does the agreement require

Answer 22

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.

Question 23

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

Answer 23

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 24

Can a person conspire on their own?

Answer 24

No, A person cannot conspire alone; there must be another conspirator for an offence to be committed.

Question 25

Do you need to prove the identity of the co-conspirer- Case law

Answer 25

No-
R v White (1945) GLR 109.
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 26

Does the conspiracy need to be in NZ to be an offence

Answer 26

No - It is an offence not only to conspire to commit an offence in New Zealand, but also to conspire to do or omit in any part of the world, anything the doing or omitting of which would be an offence if done or omitted in New Zealand. Not all acts or omissions forming part of the offence need be committed in New Zealand; some, perhaps almost all, may occur outside.

Question 27

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

Answer 27

the existence of an agreement to commit an offence, or
• the existence of an agreement to omit to do something that would amount to an offence, and
• the intent of those involved in the agreement
• the identity of all people concerned where possible
• whether anything was written, said or done to further the common purpose.

Question 28

Should a conspiracy charge be laid if there is sufficient for a substantive

Answer 28

Generally, charges of conspiracy should not be filed in situations where the specific (substantive) offence can be proved.