A common unlawful intention to assault under s 8 of the Criminal Code 1899 (Qld) may be inferred from circumstantial evidence including the assembly of companions, the anticipation that the objective could not be achieved voluntarily, and the subsequent conduct of the parties, even where the plan was primarily directed at a lawful objective (retrieving children). The foreseeability that a plan might escalate into violence is insufficient; the prosecution must prove an actual shared intention to use force. In sentencing, a person held liable under s 8 should receive a materially lesser period of actual custody than the principal offender, particularly where the s 8 offender has no criminal history and acted under extenuating circumstances.
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