Definition of conspiracy
Section 310 CA 1961
Conspires with any person to commit any offence or to do it or omit in any part of the world anything of which the doing or omission in New Zealand would be an offence
Mulcahy v R
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 do a lawful act by unlawful means, so long as the design rests in intention it is not indictable when the two agree to carry it into effect the very plot is an act in itself
R v SANDERS
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues on 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
R v WHITE
Where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can be convicted even if the identity of the other parties is never established and remains unknown
Jurisdiction of courts Conspiracy
Section 7 CA 1961
Where any act or omission forming part of any offence or any any event necessary to the completion of any offence occurs in NZ, the offence shall be deemed to have been committed in NZ, whether the person charged with the offence was in NZ at the time or not
Can you conspire with your spouse
Yes section 67 CA 1961
Why dove points should be covered when interviewing offenders on conspiracy
Existence of an agreement to commit an offence
Existence of an agreement to omit or do something that would amount to an offence
Internet of those involved
Identity to all people concerned where possible
Wether anything was written, said or done to further the common purpose
