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Flashcards in Conspiracy Deck (24)
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1
Q

What is a conspiracy?

A

An agreement between two or more people to commit an offence, after the intent is formed but before an attempt is made.

2
Q

What four things must the Crown prove when prosecuting a charge of conspiracy?

A
  1. Two or more persons were involved,
  2. An agreement was made,
  3. The agreement was to commit an offence,
  4. At the time of the agreement their intention (of all parties) was to commit the offence.
3
Q

What does Mulcahy v R state regarding conspiracy?

A

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. So long as such a design rests in intention only it is not indictable. When two agree to carry it (the intended offence) into effect, the very plot is an act in itself…

4
Q

What would be an example of the omission of an act as part of a conspiracy?

A

A security guard deliberately fails to lock a door that he would normally (the omission), with the aim being that his associates gain entry to commit a burglary (the offence).

5
Q

Is a person who withdraws from the agreement made still guilty of conspiracy?

A

Yes, 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.

6
Q

When is the offence of conspiracy complete?

A

When the agreement is made with the required intent to carry it out.

7
Q

What does R v Sanders state about when a conspiracy ends?

A

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in the operation and therefore in existence until it is ended by completion of its performance of abandonment or in any other manner by which agreements are discharged.

8
Q

What is considered to be the actus reus for conspiracy?

A

The agreement itself - the physical acts, words or gestures used by the conspirators in making their agreement.

9
Q

What is considered to be the mens rea for conspiracy?

A

The offender’s mental intent must be to commit the full offence - where this intent does not exist no offence has been committed.

10
Q

What does R v Mohan state regarding intent?

A

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence”

11
Q

What does R v Waaka state regarding intent?

A

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

12
Q

How is intent proven in cases of conspiracy?

A

Where possible, it is good practice to support any admissions or confessions as to an offender’s intent with circumstantial evidence from which their intent can also be inferred.

13
Q

What three things can circumstantial evidence from which an offender’s intent may be inferred include?

A
  1. The offender’s actions and words before, during and after the event.
  2. The surrounding circumstances.
  3. The nature of the act itself.
14
Q

In cases of conspiracy, how is the involvement of two or more people proven?

A

Circumstantially - a person cannot conspire alone, there must be at least one other conspirator for an offence to be committed, however this may include someone unable to carry out the substantive offence themselves for whatever reason.

15
Q

What does R v White state regarding conspiracy?

A

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.

16
Q

When is a conspiracy complete?

A

On the agreement being made with the required intent to carry out the full offence.

17
Q

Is it legally possible to have spouses conspire together? Where is the legislation detailing this found?

A

Yes - as per S67 CA1961

18
Q

What is the definition of an “act”?

A

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

19
Q

What is the definition of “omission”?

A

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

20
Q

What does S7 of the CA1961 state regarding jurisdiction?

A

For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission or event.

Thus a person charged with conspiracy need not have been in New Zealand at the time of the act, omission or event.

It is an offence not only to conspire to commit an offence in New Zealand but also to conspire to do or omit in any part of the world, anything the doing or omitting of which would be an offence if done or omitted in New Zealand. Not all acts or omissions forming part of the offence need be committed in New Zealand, some, perhaps almost all, may occur outside.

21
Q

What does R v Sanders state regarding the occurrence of acts or omissions in New Zealand?

A

It is sufficient if one act or omission forming part of the offence or “any event necessary to the completion of any offence” occurs in New Zealand.

22
Q

Is it a plausible defence to conspiracy where the act agreed on is not an offence under the law of the place where it would be committed? Example?

A

Yes - The person has a defence if they are able to prove that the act is not an offence under the law of the place where it was to be committed.

Example: Two people in NZ conspire to each take on a second wife in Saudi Arabia.

23
Q

What are some examples of substantive conspiracy offences found in the CA1961 and other enactments?

A

CA 1961 - conspiracy to commit treason, piracy, defeating justice, murder and making false accusations.

MODA 1975 - conspiring in relation to controlled drugs.

24
Q

What is the definition of “intent” and where is it found in legislation?

A

No Act/Section

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.