Conspiracy

Question 1

Conspiracy, section/elements?

Answer 1

Section 310(1)CA 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 NZ would be an offence

Question 2

Conspires case law?

Answer 2

Mulcahy V R

Conspiracy consists not merely In the intention of two more but an agreement of two or more to do an unlawful act. When the two agree to carry out the offence the very plot is an act itself.

Question 3

Define Omission?

Answer 3

The action of excluding or leaving out someone or something, a failure to fulfil a moral or legal obligation.

Question 4

Is a person still liable for Conspiracy if they withdraw from the agreement?

Answer 4

Yes they are liable as the offence is committed when the agreement is made with the required intent.

Question 5

Conspiracy ends case law?

Answer 5

R v Sanders

Conspiracy continues in operation and therefore in existence until the offence is committed or abandoned or agreements are discharged.

Question 6

Men’s rea for Conspiracy?

Answer 6

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 7

Actus reus for Conspiracy?

Answer 7

-The agreement itself between two or more to carry out the offence.

Question 8

Two types of Intent?

Answer 8

Deliberate Act- Intent means that act or omission must be done deliberately.

Specific result- Aim, object or purpose

Question 9

Proving Intent case law?

Answer 9

R v Collister

Intent can by Inferred by the offenders words, actions, before, during and after the event
The surrounding circumstances
The nature of the act itself.

Question 10

Two or more people case law?

Answer 10

R v White

The suspect can still be convicted even if the identity of the other party is never established.

Question 11

Section 67,CA1961?

Answer 11

A person is capable of conspiring with his or her spouse or civil union partner.

Question 12

Offence explained?

Answer 12

Described as any act or omission that is punishable on conviction under any enactment and are placed into four categories described in S6 Criminal procedures Act 2011.

Question 13

Define Act?

Answer 13

To take action or do something, to bring about a particular result.

Question 14

Jurisdiction,Section 7, CA1961?

Answer 14

The offence is deemed to be committed in NZ if any act or omission or any event necessary to the completion of the offence is committed in NZ.

Question 15

Defence to Conspiracy?

Answer 15

If the offence is committed outside of NZ and the alleged act is not an offence where the act is to be committed.

Question 16

Admissibitly of hearsay evidence?

Answer 16

Anything a conspirator says or does to further the common purpose is admisable against all parties involved.
However this does not include explanations made after the common purpose is carried out. Then the explanation is evidence only against the person making it.

Question 17

Matters to consider when Interviewing witnesses?

Answer 17

-Identity of people present at time of agreement
-who made the agreement
-what offence was planned
-any acts carried out to further the common purpose

Question 18

Matters to consider when interviewing suspects?

Answer 18

-The existence of an agreement to commit an offence,or
-The existence of an agreement to omit or do something that would amount to an offence, and
-The intent of those involved in the agreement
-The identity of all those people concerned where possible
-Whether anything was written, said or done to further the common purpose.

Question 19

Why is it undesirable to lay both substantive and related conspiracy charges together?

Answer 19

-The evidence only admissible to the conspiracy charge may have a prejudicial effect on the other charges
-The judge may disallow the evidence as it will be to prejudicial, jury may assume the defendants guilty knowledge
-Conspiracy charge may complicate trial
-Conspiracy charge be quashed if not founded on evidence
-Charges may be held at seperate trials

Question 20

What is required by your supervisor before Conspiracy charge?

Answer 20

Approval to charge and an evaluation of evidence.