The structure of s 112 of the Crimes Act 1900 (NSW) is cascading: the common purpose required for the circumstance of aggravation (being 'in company') need not extend to the circumstance of special aggravation (wounding). The doctrine of joint criminal enterprise applies to the specially aggravated offence under s 112(3), such that an accused who contemplated wounding as a possible incident of the joint enterprise may be convicted even if not the principal assailant. At the time of the 2011 offence, no intention to wound was required for the circumstance of special aggravation where wounding was relied on. Where an offender is convicted on the basis of joint criminal enterprise rather than as the principal offender, the objective seriousness of the offence is reduced for sentencing purposes and parity with co-offenders becomes a more important consideration.
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