An accused's presence at the scene of a killing, combined with failure to intervene and permitting the co-offender to use the accused's weapon, can constitute participation in a joint criminal enterprise to murder, particularly where the accused had himself violently assaulted the deceased immediately beforehand. The principle from R v Coney that mere passive spectatorship is not criminal relates to aiding and abetting and should not be applied without qualification to joint criminal enterprise cases.
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