Where the prosecution charges an offence under s 304(2) of the Criminal Code (WA) identifying the 'act' as a prolonged attack by multiple persons acting in concert under s 7(a), the prosecution must prove that the requisite intent to harm accompanied all constitutive acts of the charged 'act', regardless of which accused performed them. Acting in concert under s 7(a) requires mutuality — knowledge of what another will do is insufficient without a manifestation of intention to act together. Where an accused was not present at the commencement of the charged 'act', proof of a pre-existing plan or understanding is necessary to establish concert from the outset.
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