Where there is evidence that participants in a common unlawful purpose expressly restricted the level of violence to be used (e.g., excluding the use of weapons), the trial judge must direct the jury to consider that evidence specifically on the common purpose question under s 8 of the Criminal Code (Qld), and not merely on the question of whether the offence committed was a probable consequence of the purpose. A direction to consider 'fully and in detail' the unlawful purpose is insufficient if the jury is not directed to the specific evidence bearing on the intended level of violence. The interchange of 'likely' and 'probable consequence' in a summing up will not cause a miscarriage of justice where the correct test is stated on multiple occasions with an adequate explanation of its meaning.
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