The phrase 'joint criminal enterprise' should not be used in jury directions under either s 7 or s 8 of the Criminal Code (Qld) because it is not a concept found in the Code, adds nothing to the statutory provisions, and may mislead the jury. However, the use of the phrase does not automatically result in a miscarriage of justice; the question is whether the summing up as a whole could have misled the jury as to what had to be proved under the relevant Code provisions.
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