Conspiracy S310 C.A. 1961 Flashcards
What is a Conspiracy?
An agreement formed between TWO or more people to do an unlawful act, or to do an unlawful act by unlawful means.
When is Conspiracy complete?
Offence is complete once the agreement is made, accompanied by the required intent and before the attempt.
It does not require any further progression toward it’s completion by those involved in the agreement.
Name the Act/Section/Elements of Conspiring to Commit offence:
Conspiring to commit offence
Section 310 Crimes Act 1961
- Conspires
- With any person
- To commit an 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.
Conspiracy relates to the case law Mulcahy v R, outline what was held in this?
A conspiracy consists not merely of 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.
When it comes to Conspiracy when would no offence be committed?
When there is only an intention to commit the offence without an agreement.
What does it mean by omit (an omission) as opposed to the commission of an offence,
An omission is the ‘failure to act’ as opposed to the commission of an offence.
Explain if it’s possible to withdraw from an agreement.
It’s only possible to withdraw from an agreement before the agreement is actually made.
When does Conspiracy end? What is the case law associated with this?
R V Saunders: “ a conspiracy does not end with the making of the agreement. It 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”
A conspiracy requires both physical and mental elements: what is Actus Reus
Actus Reus (physical) requires an agreement by two or more people to carry out an illegal act. This can be confirmed by words and/or gestures or a simple verbal agreement but there is no need to make a decision on how they will actually commit the offence.
A conspiracy requires both physical and mental elements: what is mens rea?
- An intention of those involved to agree
- An intention that the relevant course of conduct should be pursed by those party to the agreement
How do you prove intent?
R v Collister - Circumstantial evidence from which an offenders intent may be inferred can include:
1. The offenders actions/words before, during or after an event
2. Surrounding circumstances
3. Nature of the act itself
When interviewing witnesses what questions would you ask them (there are four main ones).
POWA
Persons present at the time of the agreement (identify them)
Offence - what was planned
With whom the agreement was made
Acts carried out for the purpose of the agreement (for common purpose)
What questions would you ask suspects? Name FIVE
WEEPI
Was there anything written, or said, or done towards the common purpose.
Existence of an agreement to commit an offence
Existence of an agreement to omit something that would amount to an offence.
Persons involved - i.e. their identity
Intent of those involved in the agreement.
