Conspires Module Flashcards
Conspiring to commit an offence (Elements)
Crimes Act 1961 Section 310(1)
- 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.
Conspiracy definition
It relies on the subjects (two or more of them) forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.
Conspiracy Case law
Mulcahy v R:
So long as such a design rests in intention only it is not indictable. When two agree to carry it into effect, the very plot is an act in itself
Completion of conspiracy
The offence is complete on the agreement being made with the required
intent
Completion of conspiracy (Case law)
R v SANDERS:
A conspiracy does not end with the making of the agreement. The 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
Intent (Case law)
R v COLLISTER:
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.
Two or more people (Case law)
R v WHITE:
Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established.
Conspiring with spouse or partner
Crimes Act 1961 Section 67
A person is capable of conspiring with his or her spouse or civil union partner or with his or
her spouse or civil union partner and any other person.
Act (Definition)
To take action or do something, to bring about a particular result
Omission (Definition)
Action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation
Conspiracy between parties in NZ and other country
A drug related matter held that where a conspiracy is made between parties in New Zealand and another country, the courts will likely take the view that the conspiracy was formed in both countries simultaneously, and given New Zealand is one of those countries in which the conspiracy falls, it would lie within the jurisdiction of the New Zealand courts.
Jurisdiction for conspiracy
Crimes Act 1961 Section 7
where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event.
Defence to conspiracy overseas
Crimes Act Section 310(3)
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.
Witnesses - Obtain statements covering
.- Identity of the people present at the time of the agreement
- with whom the agreement was made
- what offence was planned
- any acts carried out to further the common purpose.
Suspects - Obtain statements covering
- Existence of an agreement to commit an offence, or
- Existence of an agreement to omit to do something that would amount
to an offence, and - Intent of those involved in the agreement
- Identity of all people concerned where possible
- Whether anything was written, said or done to further the common purpose
