A person charged as an aider under s 7(1)(c) of the Criminal Code (Qld) must be shown to have intentionally participated in the offence with knowledge of the essential facts constituting it, following Giorgianni; mere knowledge that an offence 'might be' committed may be insufficient. A trial judge must direct the jury on this mental element. There is no principle of law deeming an 11-year-old incapable of giving consent to sexual intercourse; a direction that consent 'would not be an issue' for a child of that age is a misdirection. The proviso in s 668E(1A) cannot cure a failure to direct on the mental element of aiding where it cannot be concluded that a properly instructed jury would inevitably have convicted.
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