A secondary party may be convicted of a circumstance of aggravation under ss 7(1)(c) and 8 of the Criminal Code (Qld) even where the secondary party did not personally commit the act constituting the circumstance of aggravation. The term 'offence' in those provisions encompasses the offence as charged including any proven circumstance of aggravation. The obiter doubts expressed by McMurdo JA in R v Graham should not be followed. In sentencing for riot offences, differences in individual roles diminish in significance where all participants engaged in prolonged concerted criminal activity.
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