In Victoria, joint criminal enterprise requires proof of 'participation' in the sense of taking a step or steps to further the criminal enterprise, beyond mere agreement. The mere receipt of proceeds of blackmail does not constitute such participation because blackmail is complete at the moment the demand is made. A belated change by the Crown from aiding and abetting to joint criminal enterprise after the close of the Crown case will result in a miscarriage of justice where it introduces a new element (participation) that was not foreshadowed and which the defence had no opportunity to address.
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