In group assault cases involving complicity under ss 7 and 8 of the Criminal Code (Qld), the evidence must be sufficient to establish beyond reasonable doubt that the probable consequence of the common plan was the specific level of harm charged (here, grievous bodily harm as distinct from bodily harm). Where the accused is not proven to have used a weapon and the evidence does not clearly establish a pre-formed plan to use weapons, a conviction for grievous bodily harm may be unsafe even though a conviction for assault occasioning bodily harm is supportable.
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