Previous Topic

Next Topic

Book Contents

Book Index

5.8.4 - Checklist: Commonwealth joint commission – course of agreement

Click here to obtain a Word version of this document for adaptation.

Six elements the prosecution must prove beyond reasonable doubt:

1. The accused made an agreement with other people to commit an offence, and the agreement was still in place when [insert charged offence] was committed; and

2. The accused personally participated by doing something that furthered the agreement; and

3. A party to the agreement committed the offence charged while carrying out the agreement; and

4. The accused was reckless about whether the offence would be committed in the course of the agreement; and

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

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

Agreement

Did the accused make an agreement with other people to commit an offence?

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

Participation

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

If Yes, then go to Question 3.1

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

Offence committed

3.1 Did a party to the agreement commit all of the necessary acts to complete the charged offence? [2]

If Yes, then go to Question 3.2

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

3.2. Did that person commit the charged offence while carrying out the agreement?

If Yes, then go to Question 4

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

Recklessness

4.1 Was the accused aware of a substantial risk that the charged offence would be committed while the agreement was being carried out?

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 Was it unjustifiable for the accused to take that risk?

If Yes, then go to Question 5.1

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

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

Intention

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

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

If Yes, then go to Question 5.2

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

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

If Yes, then go to Question 6.1 [3]

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

Termination

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

If Yes, then go to Question 6.2

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, 4 and 5)

6.2 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, 4 and 5)

Notes

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

[2] 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 which elements of the offence must be proven for this element to be met.

[3] 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

5.8.2 - Checklist: Commonwealth joint commission – accordance with agreement

5.8.3 - Charge: Commonwealth Joint Commission – Course of Agreement