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5.8.2 - Checklist: Commonwealth joint commission – accordance with agreement

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Five elements the prosecution must prove beyond reasonable doubt:

1. The accused made an agreement with other people to commit an offence, and

2. In accordance with the agreement, the parties between them performed all of the acts needed to commit the offence; and

3. The accused personally participated in the agreement by doing something that furthered its objective; and

4. The accused and at least one other party to the agreement intended that an offence would be committed; and

5. The accused did not effectively terminate his/her involvement before the offence was committed. [1]

Agreement

Did the accused make an agreement with other people to commit the offence charged? [2]

If Yes, then go to Question 2

If No, then the accused is not guilty of committing the offence charged by way of joint commission

Offence committed in accordance with agreement

2.1 Did the parties to the agreement commit all of the necessary acts to complete the offence? [3]

If Yes, then go to Question 2.2

If No, then the accused is not guilty of committing the offence charged by way of joint commission

2.2. Was the offence within the scope of the parties’ agreement?

Consider – What beliefs did the parties hold at the time they made the agreement? Did they believe that the offence would or could be committed in the course of carrying out the agreement?

If Yes, then go to Question 3

If No, then the accused is not guilty of committing the offence charged by way of joint commission

Participation

3 Did the accused do something to contribute to the agreement in some way?

If Yes, then go to Question 4.1

If No, then the accused is not guilty of committing the offence charged by way of joint commission

Intention

4.1 Did the accused intend that an offence would be committed under the agreement?

Consider – Was the accused aware the offence would occur in the ordinary course of events?

If Yes, then go to Question 4.2

If No, then the accused is not guilty of committing the offence charged by way of joint commission

4.2 Did one other party to the agreement intend that an offence would be committed under the agreement?

If Yes, then the go to Question 5.1 [4]

If No, then the accused is not guilty of committing the offence charged by way of joint commission

Termination

5.1 Did the accused terminate his or her involvement in the agreement before any part of the offence was committed?

If Yes, then go to Question 5.2

If No, then the accused is guilty of committing the offence charged by way of joint commission

(as long as you have also answered Yes to questions 1, 2, 3 and 4)

5.2 Did the accused take all reasonable steps to prevent the offence from being committed?

Consider – What steps did the accused take? In the circumstances, were those all the steps s/he could reasonably take?

If Yes, then the accused is not guilty of committing the
offence charged by way of joint commission

If No, then the accused is guilty committing the offence charged by way of joint commission
(as long as you have also answered Yes to questions 1, 2, 3 and 4)

Notes

[1] This should be deleted if termination is not in issue.

[2] This checklist will need to be adapted if there is an issue about whether the offence charged is the same type of offence as the offence agreed to.

[3] If the jury has received a separate checklist outlining the elements of the offence, it may be desirable to include a cross-reference to that checklist here, noting the elements of the offence must be proven for this element to be met.

[4] If termination is not in issue, the checklist ends here, and this should be adjusted to note that a Yes means that the accused is guilty of the offence charged.

Last updated: 9 March 2018

See Also

5.8 – Commonwealth Joint Commission (s 11.2A)

5.8.1 - Charge: Commonwealth Joint Commission – Accordance with Agreement

5.8.3 - Charge: Commonwealth Joint Commission – Course of Agreement

5.8.4 - Checklist: Commonwealth joint commission – course of agreement