Elements of Conspiring to commit an offence
Conspiring to commit offence
S310 CA 61
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
Define conspires (R v Mulcahy)
R v Mulcahy
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. Where there is only the intention to commit the offence without an agreement, then no offence is committed.
Withdrawing from an 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.
When is conspiracy complete?
The offence is complete on the agreement being made with the required intent.
When a Conspiracy ends?
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.
Men’s rea and actus rea of conspiracy
2 fold intent
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
Actus reas = the actual agreement by two or more people to carry out the illegal conduct.
Two or more people (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
S310 (3) CA 61
Defence
The person has a defence if they are able to prove that the act is not an offence under law of the place where it was to be committed.
E. G conspiring to take a second wife in Saudi Arabia
What 4 things must be covered when taking a statement from a witness to a Conspiracy
- 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
What 5 things must be covered when taking a statement from a suspect to a Conspiracy
- 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
List why laying a substantive charge and a related conspiracy charge is often undesirable
- The evidence admissible only on the conspiracy charge may have 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 guilty knowledge
- The addition of a Conspiracy charge may unnecessarily 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 means that each charging doc may be heard at separate trials.
