Conspiracy 2

Question 1

Act - Definition

Answer 1

Act
To take action

to do something,
to bring about a particular result.

Question 2

Withdrawing from the agreement

A person withdrawing from…

Answer 2

Withdrawing from the 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.

Question 3

Omission - Definition

Answer 3

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

Question 4

Explain what ‘intent’ is

Answer 4

There are two specific types of intent.

Deliberate Act:
- and act or omission must be done deliberately

Intent to produce a result:
- aim, object, or purpose

Question 5

CON: What are three examples to prove a persons intent?

Answer 5

1. the offenders actions and words, before, during, and after the event
2. the surrounding circumstances
3. the nature of the act itself

Question 6

What happens if a person enters into a conspiracy overseas?

Answer 6

Under common law rules, a person who entered into a conspiracy overseas is amendable to the jurisdiction of NZ law, ONLY if they are later physically present in NZ and they act in the continuance of the conspiracy.

NZ Courts have no jurisdiction over a conspirator who enters into the conspiracy abroad and who never comes to NZ.

Question 7

What is the admissibility of hearsay evidence?

Answer 7

Anything a conspirator or party to a joint charge says or does to further the common purpose is admissible against the others involved, this being an exception to the hearsay rile and as such conspirators should be jointly charged,

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 8

CON: What do you need to cover off in a WITNESS statement re conspiracy?

Answer 8

• the ID 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 9

CON: What do you need to cover off in a SUSPECTS interview re conspiracy?

Answer 9

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

Question 10

CON: When charging, why is it undesirable to lay both a substantive charge and a related conspiracy charge?

Answer 10

• the evidence admissible only on the conspiracy charge may be a prejudicial effect in relation to other charges
• the judge may disallow the evidence as it will be too prejudicial, ie the jury may assume the defendants guilty knowledge or intent regarding the other charge and not look at the evidence, basing its assumption on the conspiracy charge
• the addition of a conspiracy charge may unneccessarily complicate and prolong a trial
• where the charge of conspiracy is not founded on evidence or is an abuse of process, it may be quashed
• severance may be ordered. This mens that each charging document may be hard at seperate trials