High Court of Australia
to commit the offence ; (c) every person who aids another person in committing the offence." Sec. 8 provides that "when two or more persons form @ common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence."
The applicant and two other persons were charged on an indictment for wilful murder. The other two persons had broken into a jeweller's shop and stolen jewellery therefrom, and, in the course of committing that crime, had brought about the caretaker's death. The applicant remained outside the shop on watch. The trial Judge directed the jury that if they were satisfied that the applicant was a party to the robbery it necessarily followed that he was guilty of the offence, either murder or manslaughter, found against the other two persons. The jury returned a verdict of manslaughter against the three accused.
VoL. LY. 17
Fol Foil = 'Hind & Wayne male % Harwood v R 1995) 03 ints Gee Rass We are Cons 'yp We ley Pefersony Hodgson y cae Hele i000) xg Gee)55 C.L.R.] v. ..JSTRALIA. 253 [HIGH COURT OF AUSTRALIA.) BRENNAN. 5 : : Z " . APPLICANT ; AND THE KING . P : i < 2 : . Responpenv. ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF WESTERN AUSTRALIA.
Criminal Law—Principal in second degree—Common design—Evidence—Commission 4, oy A. of unlawful purpose—Probable consequences—Liability of aider and abetlor— gag. Direction to jury—Criminal Code (W.A.) (No. 28 of 1913), secs. 7, 8, 277-280. —
The Criminal Code (W.A.) provides, by sec. 7, that "when an offence is pace committed, each of the following persons is deemed to have taken part in "4 * committing the offence and to be guilty of the offence, and may be charged MELBouRNE, with actually committing it, that is to say—(a) every person who actually June 9. does the act . . . which constitutes the offence; (b) every person who Btaricp. Sica does . . . any act for the purpose of enabling or aiding another person and Evatt JJ,
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