Liability 310(1) Flashcards

1
Q

Conspiracy

Section and Penalty

A

Section 310 (1), Crimes Act 1961

Not exceeding 7 years / Same punishment

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2
Q

Conspiracy

Ingredients

A

.1 Conspires

.2 With any person

.3 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

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3
Q

.1 Conspires

A

Conspires:
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.
Mulcahy v R

_____

A conspiracy does not end with the making of the agreement. It continues until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
R v Sanders

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4
Q

.2 With any person

A

Person:
Gender neutral, proven by judicial notice or circumstantial evidence.

_____

A person cannot conspire alone; there must be another conspirator for an offence to be committed.

_____

Where you can prove that a suspect conspired with other parties (one or more people) who’s identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
R v White

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5
Q

.3 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

A

Offence:
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.

_____

Act:
To take action or do something, to bring about a particular result.
Oxford Dictionary

Omission:
The action of excluding or leaving out someone or something, a failure to full a moral or legal obligation.
Oxford Dictionary

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