Definitions Flashcards
Omission
The action of excluding or leaving out someone or something, a failure to fulfill moral or legal obligation
e.g security guard leaves a door unlocked locked.
Withdrawing from the agreement
A person withdrawing after the intent is formed but BEFORE the agreement is made is not liable for conspiracy.
Men’s rea
An intention to agree and an intention that the relevant course of conduct should be pursued by those party to the agreement.
Actus Rea
The agreement between two or more people to carry out the illegal conduct. The agreement must be made before the commission of the acts.
Intent
Intent to commit an act and and intent to produce a specific result.
Offence/Crime
Any act or omission that is punishable on conviction under any enactment.
Act
To take action or do something to bring about a particular result.
Jurisdiction
Where any act or omission forming part of any offence, or any event necessary to the completion of any offence occurs in NZ, the offence shall be deemed to be committed in NZ, whether the person charged was in NZ or not at the time of the act, omission or event.
Conspiracy entered overseas
An offence only if they are later physically present in NZ and they act in continuance of the conspiracy.
Conspire to commit offence overseas
Requires it is an offence in that place and NZ.
Conspiracy with someone overseas
Deemed that the conspiracy was formed in both countries simultaneously and is an offence here.