Whole module

Question 1

Conspiracy: Act section penalty and elements

Answer 1

Section 310, Crimes Act 1961.

• 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

Question 2

R v Mulcahy

Answer 2

A conspiracy consists not merely in the intention of two or more, but in the intention of two or more to do an unlawful act or to do a lawful act by unlawful means.

Question 3

Conspires non case law elements

Answer 3

1. The conspiratorial agreement requires the operation of the both the physical and mental faculties
   - the actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
   - The mens res (mental element) necessary for a conspiracy is:
   + an intention of those involved to agree
   + an intention that the relevant course of conduct should be pursued by those party to the agreement.

Question 4

R v Sanders

Answer 4

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.

Question 5

Element: with any person - describe non case law elements

Answer 5

1. Between two or more persons - A person cannot conspire alone; the must be another conspirator for an offence to be committed.
2. A husband and wife or civil union partners can commit conspiracy - Sec 67 Crimes Act 1961
3. Person - gender neutral, proven by judicial notice or circumstantially.

Question 6

R v White

Answer 6

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties who identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 7

When is a conspiracy complete

Answer 7

The offence is complete on the agreement being made with the required intent.

Question 8

Describe the physical and mental elements required

Answer 8

The mens rea (mental intent) necessary for a conspiracy is:
• an intention of those involved to agree, and
• an intention that the relevant course of conduct should be pursued by those party to the agreement.

The actus reus (physical element) of conspiracy is the agreement between two or more people to put their common design into effect. The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 9

Conspiracy with spouse or partner, Yes or No, explain

Answer 9

Section 67, Crimes Act 1961
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Question 10

Offence definition

Answer 10

Any act or omission that is punishable on conviction under any enactment and are demarcated into four categories - S. 6 Criminal Procedures Act 2011

Question 11

Describe liability of person conspiring to commit an offence overseas

Answer 11

Under S. 310 CA 61 they are liable to conspirin to commit any offence overseas which would be an offence in NZ.

Question 12

Defence to conspiring to commit offence overseas

Answer 12

If the person is able to prove that the offence described is not an offence in the place it was going to be committed.

Question 13

What to cover with witnesses in a conspiracy

Answer 13

• the 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.

Question 14

What to cover with suspects in a conspiracy investigation

Answer 14

• the existence of an agreement to commit an offence, or
• the existence of an agreement to omit to do something that would amount to an offence, and
• 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.

Question 15

When should you lay a conspiracy charge along with a substantive charge?

Answer 15

When the substantive charges fail to adequately represent the total criminality of the offending.

Question 16

Definition of Attempts

Answer 16

S. 72 CA 61
1) everyone who having an intent to commit an offence, does or omits an act, for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

2) The question whether an act was done or omitted with the intent to commit an offence is or is not only preparation for the commission of that offence and too remote to constitute an attempt to commit it, is a question of law.

Question 17

3 elements for an attempt

Answer 17

• intent to commit an offence (mens rea)
• act that did or omitted to do, something to acheive their end
• proximity - that their act or omission was sufficiently close