To establish criminal responsibility for murder under ss 7(1)(b) or 7(1)(c) of the Criminal Code (Qld), the prosecution must prove that the accused knew the principal offender intended to kill or do grievous bodily harm — knowledge of a mere possibility of such intention is insufficient. In joint trials, the trial judge must specifically direct the jury that each co-accused's out-of-court statements are admissible only against the maker and not against the co-accused. Thomas JA, while agreeing, expressed reservations about the stringency of the test, suggesting it may be open to future reconsideration.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
2 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.