Conspiracy Pt 2

Question 1

What is the jurisdiction of an offence of conspiracy?

Answer 1

A person charged with conspiracy need not have been in New Zealand at the time of the act, omission or event.

A person is answerable to the jurisdiction of New Zealand courts only if they are later physically present in New Zealand and they act in continuance of the conspiracy.

Question 2

Admissibility of evidence for a conspiracy matter

Answer 2

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved.

This is an exception to the hearsay rule and as such conspirators should be jointly charged

Question 3

4 things to cover off when interviewing a witness

Answer 3

• Identity of the people present at the time of the agreement
• with whom did they make the agreement
• what offence was planned
• any acts carried out to further the common purpose.

Question 4

What should be covered off when interviewing suspects

Answer 4

obtain statements, to establish:

• the existence of an agreement to commit an offence, or
• 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 5

When should you not file charges for conspiricy

Answer 5

When substantive charges can be proved.

Note: It may be appropriate to include a charge of conspiracy where a charge of the substantive offence does not adequately represent the totality of the offending

Question 6

Why is laying a substantive charge and a conspiracy charge undesirable

Answer 6

• The evidence may have a prejudicial effect in relation to other charges.
• The judge may disallow the evidence as it will be too prejudicial,
• It may complicate and prolong a trial.
• Severance may be ordered. This means that each charging document may be heard at separate trials.
-The charge may be quashed