Unlawful Joint Enterprises

In this article, the central or principal issue for consideration is the appropriate standard that should be adopted at common law for foresight of consequences at common law where death has arisen out of an unlawful joint enterprise and the complicity or otherwise of a secondary party is in issue. Although the discussion is focussed upon the common law, the same issues of principle and policy arise in relation to potential reforms of the ’common purpose’ rule under the Criminal Codes. The matter has been considered and determined in two Australian High Court cases, Johns vR1 and Miller v R,2 and further by the Judicial Committee of the Privy Counci.1 in Chan Wing-Siu v R.3 In those cases, it was held that, at common law, a secondary party is guilty of murder where death or grievous bodily harm is foreseen