Evolution of the offence

Question 1

Mulcahy v R (Conspiracy)

Answer 1

Only intent to commit the offence without an agreement = no offence.

Question 2

Conspiracy

Answer 2

An agreement between two or more people to commit an offence.

Question 3

R v Sanders (Conspiracy)

Answer 3

Conspiracy does not end with the making of the agreement. It continues in operation/existence until the offence is completed or abandoned.

Question 4

Mens rea of conspiracy

Answer 4

• Intention of those involved to agree
• Intention that the relevant course of conduct should be pursued by those in agreement.

Question 5

Actus reas of conspiracy

Answer 5

The physical acts, words or gestures used by the conspirators in making their agreement (whether this is an express or implied agreement).

Question 6

R v White

Answer 6

Can still prove conspiracy if other parties identities are unknown.

Question 7

Jurisdiction for conspiracy

Answer 7

The person charged need not have been in NZ at the time of the act.
It is an offence to conspire in any part of the world where it would be an offence in NZ. Defence = legal in that country.

Question 8

3 things NOT a defence to attempts

Answer 8

• Were prevented by some outside agent.
• Failed to complete due to ineptitude, inefficiency or insufficient means.
• Were prevented because an intervening event made it physically impossible (eg property removed).

Question 9

Liable as party to offence (s66(1)) if…

Answer 9

• Actually commit offence.
• Do or omit act for the purpose of aiding any person to commit offence.
• Abet any person in committing an offence.
• Incite, counsel or procure any person to commit an offence.

Question 10

Aid

Answer 10

To assist in the commission of the offence, either physically or by giving advice or information.

Question 11

Abet

Answer 11

To instigate or encourage, i.e. to urge another person to commit offence.

Question 12

Incite

Answer 12

To rouse, stir up, stimulate, urge or spur on a person to commit the offence.

Question 13

Counsel

Answer 13

To intentionally instigate the offence by advising on how to best commit an offence, or planning the commission of an offence for another person.

Question 14

R v Crooks

Answer 14

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion is insufficient.

Question 15

R v Briggs

Answer 15

As with receiving charge, knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth.

Question 16

R v Mane

Answer 16

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 17

To prove for accessory…

Answer 17

• That the person who has been received, comforted or assisted is a party to an offence.
• That the accessory knows the person was a party.
• That the accessory received, comforted, or assisted that person or tampered with or actively suppressed any evidence.
• That the accessory’s purpose was the enable the person to escape after arrest or avoid arrest or conviction.