Questions Flashcards
Mulcaly v r
A conspiracy consists not merely an intention of two or more, but an agreement of two or more to do an unlawful act or a lawful act by unlawful means.
So long as such a design rests in the intention not only is it not indictable.
When two agree to carry it ( the intended offence ) into effect the very plot is an act in itself
Withdrawing from an agreement
A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made.
However a person can effectively withdraw before the actual agreement is made
Completion of conspiracy
The offence is complete on the agreement made with the required intent.
No further progression towards the completion of the offence north of the involvement by the parties involved and the agreement is required
When a conspiracy ends - r v sanders
R v Sanders
A conspiracy does not end with the making of the agreement.
The conspirator agreement continues and operation and therefore an existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged
Mens rea of conspiracy
– And intention of those involved to agree and
– and intention that the relevant course of conduct should be pursued by those Party to the agreement
R V White
Where you can prove that a suspect conspired with other parties (one or more people) those involved are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown
Conspiring with a spouse or partner
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse of civil union parter and any other person
Conspiracy entered into overseas
Under the common law rules as to jurisdiction over conspiracy offences a person who has entered into a conspiracy overseas is amenable to the jurisdiction of NZ courts only if they are later physically present in NZ and they act in continuance of the conspiracy.
NZ courts have no jurisdiction over a conspirator who enters into a conspiracy abroad and never comes to NZ
Conspiracy to commit an offence overseas
Under 310 CA61, it is an offence to conspire to commit an offence or do or omit to do anything, in any part of the world that would be an offence in NZ.
The person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed
Conspiracy between parties in NZ and other countries
R V Darwish - a drug dealing matter, held that where a conspiracy is made between parties in NZ and another country the courts will likely take the view that the conspiracy was formed in both countries simultaneously and given NZ is one of the counties the conspiracy falls,
It would lie within the jurisdiction of the NZ courts
Witness interviews for conspiracy
- 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
Suspect interviews for conspiracy
- the existence of an agreement to commit an offence
- the existence of an agreement to omit to do something that would amount to an offence
- the intent of those involved in the agreement
- the identity of all people concerned where possible
- whether anything was written, said or done to further the common purpose
