Under ss 7(1)(d) and 9 of the Criminal Code (Qld), a person who counsels stealing may be convicted of breaking, entering and stealing if the breaking and entering was a probable consequence of carrying out the counsel. A trial judge must leave an alternative verdict of stealing simpliciter to the jury on a charge of breaking, entering and stealing where the evidence supports it, regardless of whether defence counsel requests such a direction. The majority held that a counsellor or procurer of stealing may also be convicted of receiving the same goods, following R v Saliba, though Thomas JA's dissent raises a substantial argument based on s 7(3) that this position may be reconsidered.
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