L v WA

(2016) 49 WAR 545; [2016] WASCA 101

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Criminal responsibility
3. › Parties to offences
4. › Joint criminal enterprise
5. › Whether common law doctrine of joint criminal enterprise provides basis for criminal liability under Criminal Code (WA)
6. › Whether ss 7-9 of Criminal Code (WA) incorporate common law doctrine
7. › Criminal Code (WA), ss 7, 8, 9
1. Criminal Law
2. › Appeal against conviction
3. › Misdirection
4. › Direction to jury on joint criminal enterprise
5. › Whether direction invited jury to convict on basis for which law did not provide
6. › Whether miscarriage of justice
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Criminal responsibility
3. › Parties to offences
4. › Construction of Criminal Code provisions
5. › Section 7(a) Criminal Code (WA)
6. › Whether person must actually do act constituting offence
7. › Whether mere presence sufficient
8. › Criminal Code (WA), s 7

Quick Take

Prosecutors in Western Australia can no longer frame cases in terms of joint criminal enterprise as a basis for criminal liability; they must establish liability under ss 7-9 of the Criminal Code (WA), requiring proof that the accused actually did an act constituting the offence, or deliberately aided, counselled or procured its commission. Trial judges must not direct juries in terms of the common law doctrine.