A secondary party who drives assailants to the scene of an attack, knowing they intend to inflict grievous bodily harm and that there is a chance the victim will die, is guilty of murder under s 7(c) of the Criminal Code (Qld) as an aider. Under s 8, where the common purpose is to jointly assault a person, the question whether murder was a probable consequence is assessed objectively, but evidence that a participant actually foresaw the fatal outcome makes the objective test a fortiori satisfied. The proviso in s 668E(1) may be applied where the critical evidence is documentary (police interview records) and no credibility issues arise, such that the appellate court can determine that a verdict of murder was inevitable.
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