Where two co-accused are jointly charged and the Crown relies solely on principal liability under s 7(1)(a) Criminal Code (Qld), but the evidence does not establish which accused committed the physical act constituting the offence, the absence of Crown submissions and judicial directions on accessorial liability under s 7(1)(c) will constitute a miscarriage of justice even where the evidence strongly supports conviction on that alternative basis. A new trial rather than acquittal is the appropriate remedy where the evidence is capable of supporting conviction on proper directions and the Crown does not propose a substantially different case.
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