Accessorial liability cannot be used as a pathway to constructive murder under s 18(1)(a) of the Crimes Act 1900 (NSW); the Crown must instead rely on joint criminal enterprise where the accused is not the principal offender. There is no generic requirement that a JCE participant foresee the act causing death for constructive murder liability.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
6 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.