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Joint Criminal Enterprise - Coggle Diagram

- - - - Pariticpation does not need to amount to conducting any part of the AR, may mean to be supportive, encourage and/or avaialbe to assist
        
        presnce at the scene of the crime is not essential in order to prove participation in a JCE (Dickson)
        
        Liability attaches to all the parties to an agreement who participate in some way in furthering its execution
        
        Sever [2010] provides that where the co-accused is not present at the time another party to the JCE commits the conduct elements of the crime the prosecution will need to provide:
        
        Evidence of events, other than those pertaining to the offence itself, for proof beyond reasonable doubt of the existence and scope of the agreement, and the accused's participation in it... [t]he existence of the agreement or enterprise, and the participation in it by the accused in such a case cannot be inferred from the circumstances in which the offence is committed, because (to state the obvious) there is no evidence of what the accused said and/or did during the commission of the offence
    - - 4 - withdrawal
        
        did the accused withdrawn from the agreement?
        
        Prosecution must negate one of the three elements BRD
        1) was the withdrawal 'timely' - defined by whether it was too late to stop the train of events which the defendants participation and actions had encouraged (Tietie)
        2) did the defendant make their withdrawal known?
        3) Did the defendant - by such words as may be appropriate, do what reasonably could to dissuade the others from continuing with the criminal enterprise
        
        to what standard? --> (Tiette) - to countermand effect of earlier encouragement and participation
        
        Tierney [2016] NSWCCA 144
        
        Adamson J: "whether a co-accused has withdrawn from a joint criminal enterprise is a question of fact to be decided by the jury. thus, what is required to satisfy a jury that an accused has not withdrawn from a joint criminal enterprise (if being for the Crown to prove the negative) depends on the facts and circumstances of any given case*
        
        Vanstone J in Sully [2012] SASCFC
        
        the more the defendant has done by way of planning or providing information of items to enable completion of the rime, the more is likely to be required of him by way of withdrawal or countermand, if he is to avoid criminal responsibility.
      - It is the acts of one or more member of the group that are attributed to, or shared by, all members of the group who are party to the agreement (Osland)
  - - - an unspoken understanding or arrangment amount to an agreement (Tangeye) may be spontaneous