Must Knows Flashcards
Withdrawing from the agreement
- Can only withdraw BEFORE actual agreement is made.
- A person is still guilty of conspiracy if they withdraw from the agreement after the agreement has already been made.
When is offence complete?
Conspiracy is comple as soon as the agreement is made with the required intent.
When does a Conspiracy end?
R v Sanders:
- Conspiracy does not end with the making of the agreement.
- Conspiratorial agreement continues in operation and existence until it is ended…by:
*completion of performance
*abandonment - in any other manner in which agreement is discharged
Mens Rea
Two intentions:
Intention of those involved to agree.
Intention that relevant course of conduct should be pursed by those party to agreement.
Actus Reus
The actual agreement to carry out the illegal conduct.
Express or implied agreement
Physical acts, words or gestures.
No requirement for conduct to actually be carried out by the conspirators (if so it would be an attempt or actual commission of offence)
No requirement for them to decide how they will commit offence
Passive presence or knowledge
Passive presence or knowledge of intention DOES NOT amount to a party to conspiracy.
If A plans to commit offence and B knows that A has a plan…it is not enough to charge B with conspiracy
Intent (mens rea)
Mental intent must be to commit full offence.
Intentionally
Someone does something intentionally if they mean to do it….they desire a specific result and act with purpose of achieving it.
Intent
Intent to commit act
Intent to get a specific result
- Simester and Brookbanks
Specific result
= aim, object or purpose
- S &B
Proving intent?
R v Collister”
CE in which offenders intent can be inferred include:
- the offenders actions and words before during and after event
- the surrounding circumstances
- the nature of the act itself
Conspiring with a Partner
Section 67 CA
A person is capable of Conspiring with their spouse or civil unions part or with spouse and any other person.
Jurisdiction
Section 7 CA:
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 have been committed in NZ…whether or not the person charged was in NZ or not at time of offence.
(It is an offence to conpire to commit offence in NZ but also to conpire to do or omit something in another country which is an offence in NZ
R V Sanders: it was deemed sufficient if one act or omission forming part of the offence or “any event necessary to completion of offence” occurs in NZ
Conspiracy formed outside NZ
A person who enters into a conspiracy overseas in amenable to jurisdiction of NZ courts ONLY if they are later physically present in NZ and they act in continuance of the conspiracy.
Poynter V Commerce Commission: NZ courts have no jurisdiction over consirator who enters into conspiracy abroad but never comes into NZ
Conspiracy to committed offence over seas
310 CA:
It is an offence to consipire to commit offence or do or omit anything in any part of that work thay would be an offence in NZ
DEFENCE if able to prove the act is not an offence under the law of the place where it is to be committed.
