S.310(1) Conspiracy Flashcards
What is the Section, Act & Penalty for Conspiracy?
Conspiracy
Section, Act, Penalty
Conspiracy
Section 310(1)
Crimes Act 1961
Penalty:
- offence 7> = 7 years max
- offence <7 = same as the offence punishment
What are the elements / ingredients of Conspiracy?
Elements and Ingredients
of
Conspiracy
- Everyone who
- Conspires
- With any person
- 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
What is the definition of Conspires?
Conspires definition
Conspiracy is two or more people having an intention and making an agreement to commit an offence.
What is Mulcahy v R?
Mulcahy v R
Both the INTENT and the AGREEMENT must be present for the offence to be committed.
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. So long as such a design rests in intention only, it is not indictable. When two agree to carry the intended offence into effect, the very plot is an act in itself.
What is the R v Sanders?
R v Sanders
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
What is R v White?
R v White
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
