Conspiracy - Lesson Notes Flashcards
Conspiracy
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.
For a conviction the crown must prove
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
When is a conspiracy complete
When the agreement being made with the required intent
What does the agreement require
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.
What is conspiracy
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
What needs to be proven
The intent of the offenders must be to commit the offence.
When is conspiracy complete
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.
Can you withdraw from a conspiracy
You can effectively withdraw from a conspiracy before an agreement is reached, but not following the agreement to commit the intended offence
Do they need to go into detail about how it will be committed
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.
Is there a defence to conspiracy
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.
Can a co-conspirator evidence be admitted
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).
Can a person be charged if the co-conspirator is not known
A person can be charged and convicted of conspiring with a person(s) unknown.
Can they be charged if they are incapable of carrying it out
Yes, A person can be charged with conspiracy in circumstances where they themselves are incapable of effectively carrying out the substantive offence.
What should you consider when interviewing
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.
Are spouses or civil union partners capable of conspiring together
Yes, Spouses or civil union partners are capable of conspiring together.
Act, Section, Penalty, Legislation for Conspiracy
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.
What is a defence to Conspiracy
(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.
Ingrediants of Conspiracy
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.
Can a person withdraw from a conspiracy
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.
When is a conspiracy complete
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.
When a conspiracy ends Case Law
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”.
What does the agreement require
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.
Circumstantial evidence from which an offender’s intent may be inferred can include
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Can a person conspire on their own?
No, A person cannot conspire alone; there must be another conspirator for an offence to be committed.
