*Conspiracy - s310(1) Flashcards
Conspiracy – s310(1) CA61
- Everyone 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 NZ would be an offence.
Conspiracy
- An agreement between 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.
- Where there’s only an intention to commit the offence without an agreement, then no offence is committed.
When is conspiracy complete?
- The offence is complete on the agreement being made, accompanied by the required intent.
- It doesn’t require any further progression toward it’s completion by those involved.
Withdrawing from the agreement
- A person withdrawing from the agreement is still guilty of conspiracy, as are those who became a party to the agreement after it has been made.
- However, a person can effectively withdraw before the actual agreement is made.
MULCAHY
- Conspiracy
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 design rests in intention only, it’s not indictable. When two agree to carry it into effect, the very plot is an act in itself.
SANDERS
- When a conspiracy ends
A conspiracy doesn’t end with the making of the agreement. It continues in operation until it’s ended by the completion of its performance or abandonment.
WHITE
- Unknown identities
Where you can prove a suspect conspired with other parties whose identities are unknown, the suspect can still be convicted even if the identity of the other parties is never established.
Offence / Crime - Explained
Any act or omission that is punishable on conviction under any enactment, & are divided into 4 categories described in s6, Criminal Procedures Act 2011.
The Actus Reus for conspiracy is?
- The actual agreement by 2 or more people to carry out the illegal conduct.
- The agreement must be made before the commission of the offence.
The Mens Rea (Mental intent) necessary for a conspiracy is?
The offender’s mental intent must be to commit the full offence. Where this intent doesn’t exist, no crime has been committed.
- An intention of those involved to agree.
- An intention that the relevant course of conduct should be pursued by those involved.
How do you show circumstantial evidence when it comes to conspiracy?
- Proving intent
The SON
- The surrounding circumstances.
- The offender’s actions & words before, during, and after the event.
- The nature of the act itself.
Act - Definition
To take action or do something, to bring about a particular result.
Omission - Definition
The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.
Conspiring with a spouse or partner – s67
A person is capable of conspiring with their spouse or civil union partner and any other person.
Conspiracy entered into overseas
A person who enters into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.
Conspiracy to commit an offence overseas – Defence
A person has a defence if they can prove the act is not an offence under the law of the place where it was to be committed.
Admissibility of evidence - Exception to the hearsay rule
Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rule and as such conspirators should be jointly charged.
Witnesses – Investigation procedure
(What 4 points should be covered when interviewing conspiracy witness’s)
WIWA
- Who the agreement was made with.
- Identities of the people present at the time of agreement.
- What offence was planned.
- Any acts carried out to further the common purpose.
Suspects – Investigation procedure
(What 5 points should be covered when interviewing conspiracy suspects)
- The existence of an agreement to commit an offence, or
- The existence of an agreement to omit or do something that would be an offence.
- The intent of the people involved.
- The identity of the people involved.
- If anything was written, said or done to further the common purpose.
Charging - Laying both a substantive charge and a related conspiracy charge is often undesirable because?
- The judge may disallow the evidence as it will be too prejudicial.
- Evidence in the conspiracy charge may have a prejudicial effect to other charges.
- An additional conspiracy charge may unnecessarily complicate and prolong a trial.
- Severance may be ordered.
- If the charge of conspiracy is not founded on evidence, it may be quashed.
