fbpx

Table of Contents

Joint Criminal Enterprise In NSW

joint criminal enterpise building

Joint Criminal Enterprise (JCE), is a legal doctrine that plays a significant role in criminal law, particularly when multiple individuals are involved in committing a crime. This concept, known by different names in various jurisdictions, including “common purpose” or “common design,” is used to hold all participants accountable for the actions of their co-conspirators.

 

In New South Wales, the doctrine of Joint Criminal Enterprise operates to establish the liability of individuals acting in concert to commit a crime. In this comprehensive guide, we will look into the principles of Joint Criminal Enterprise in NSW, how one can withdraw from such an enterprise, and the notion of extended joint criminal enterprise.

 

If you have been arrested by NSW Police, it is important to know your legal rights to silence and not speak to the police.

Understanding Joint Criminal Enterprise in NSW

Joint Criminal Enterprise refers to a situation where two or more individuals collectively plan and commit a crime, and each participant shares a common intention to achieve a particular criminal outcome. This doctrine holds that all members of the group are equally responsible for the criminal actions committed by any participant within the enterprise. The key elements that must be established to prove Joint Criminal Enterprise in NSW include:

 

Agreement

 

There must be a common agreement or understanding between the participants to commit the crime. This agreement can be explicit or implied.

 

Common Intention

 

All participants must share the same criminal intent, aiming to achieve a specific criminal outcome.

 

Actus Reus

 

Each member must have participated in some way in the criminal act, either by actively committing the offence or aiding, abetting, or encouraging its commission.

 

Mens Rea

 

The participants must possess the requisite criminal state of mind, intending to achieve the criminal outcome.

A common single charge in NSW that adopts the principles of joint criminal enterprise. The legislation provides;

 

CRIMES ACT 1900 – SECT 93T

 

Participation in criminal groups

 

93T Participation in criminal groups

 

(1) A person who participates in a criminal group is guilty of an offence if the person–

(a) knows, or ought reasonably to know, that it is a criminal group, and

(b) knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.

: Maximum penalty–Imprisonment for 5 years.

(1A) A person who participates in a criminal group by directing any of the activities of the group is guilty of an offence if the person–

(a) knows that it is a criminal group, and

(b) knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.

: Maximum penalty–Imprisonment for 10 years.

(2) A person who assaults another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

: Maximum penalty–Imprisonment for 10 years.

(3) A person who destroys or damages property belonging to another person, or threatens to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

: Maximum penalty–Imprisonment for 10 years.

(4) A person who assaults a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.

: Maximum penalty–Imprisonment for 14 years.

(4A) A person who participates in a criminal group whose activities are organised and on-going by directing any of the activities of the group is guilty of an offence if the person–

(a) knows that it is a criminal group, and

(b) knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.

: Maximum penalty–Imprisonment for 15 years.

(5) For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the law enforcement officer is not on duty at the time, if it is carried out–

(a) as a consequence of, or in retaliation for, actions undertaken by that law enforcement officer in the execution of the officer’s duty, or

(b) because the officer is a law enforcement officer.

(6) To avoid doubt, for the purposes of this section a person may participate in a criminal group whether or not the person is a member of the criminal group.

How Does Someone Withdraw from a Joint Criminal Enterprise?

Once an individual becomes involved in a Joint Criminal Enterprise, they may have second thoughts or wish to disassociate themselves from the criminal activity. In NSW, withdrawal from a Joint Criminal Enterprise is a complex legal issue and can have varying implications depending on the specific circumstances of the case. There are generally two ways a participant can attempt to withdraw:

 

  • Complete Withdrawal, that is, if an individual completely withdraws from the Joint Criminal Enterprise before the commission of the crime, they may avoid criminal liability for the actions of the other participants. To establish complete withdrawal, the individual must demonstrate that they took substantial steps to prevent the crime from occurring. This could include notifying the authorities, warning potential victims, or otherwise actively working to prevent the crime.
  • Abandonment, that is, if a participant decides to abandon the criminal endeavour after it has commenced but before the crime is completed, the legal implications become more complex. Abandonment may be considered as a mitigating factor during sentencing, potentially leading to a lesser punishment. However, abandonment does not absolve the individual of all liability for their initial involvement in the criminal enterprise.

It is essential to understand that withdrawal or abandonment may not always be a defence against all charges related to the Joint Criminal Enterprise. The individual may still face liability for other offences committed before their withdrawal or for their initial participation in planning the crime.

Need Crimina Lawyers in Liverpool?

Send An Online Enquiry

“Thank you Lyons Law Group on providing me an exceptional service delivered with care, compassion and a high level of professionalism. The outcome was more than what I had expected. A true reflection of your legal expertise and experience. Thank you Mohammad and team.”
Layalle Itaoui

Extended Joint Criminal Enterprise In NSW

Extended Joint Criminal Enterprise is a legal doctrine that expands the scope of liability beyond the original criminal objective. It allows for the prosecution of participants for additional offences that were not initially agreed upon but were reasonably foreseeable consequences of the original criminal plan. In NSW, the doctrine of Extended Joint Enterprise has been a subject of considerable legal debate and has led to significant court decisions.

 

The case of R v Azzopardi (2001) NSWCCA 1, is a notable example of the application of Extended Joint Criminal Enterprise. In this case, the Court of Criminal Appeal held that an individual involved in a robbery could be held responsible for the murder of a bystander that occurred during the course of the robbery. The court reasoned that the murder was a foreseeable consequence of the robbery and that the defendant should have been aware of the risk involved in committing the crime.

 

The principle of Extended Joint Criminal Enterprise raises challenging issues concerning the scope of foreseeability and the level of intent required to attribute liability for additional offences to be criminally responsible for other offences. It is crucial for the courts to carefully consider the facts of each case and strike a balance between holding individuals accountable for their actions and avoiding unjust outcomes.

 

Joint Criminal Enterprise is a complex legal doctrine that plays a crucial role in attributing liability to individuals involved in planning and committing crimes collectively. In NSW, the doctrine requires establishing an agreement, common intention, actus reus, and mens rea among the participants. It is essential to recognise that participation in a Joint Criminal Enterprise can lead to substantial legal consequences, and withdrawal or abandonment from the enterprise may not fully absolve an individual of their liability.

 

Extended Joint Criminal Enterprise, on the other hand, expands the scope of liability beyond the original criminal objective, holding participants accountable for additional offences that were reasonably foreseeable consequences of the original plan. The application of this doctrine requires careful consideration of the specific circumstances of each case to ensure fairness and justice in the criminal justice system.

 

As the law evolves and court decisions shape the application of Joint Criminal Enterprise in NSW, legal professionals, academics, and policymakers must continue to engage in thoughtful discussions to strike the right balance between accountability and justice in criminal cases involving multiple participants.

 

If you have been charged with offences in NSW under the principles of joint criminal enterprise. Speak to one of our criminal lawyers in Liverpool. We will provide you legal advice regarding a range of serious indictable matters before the NSW Courts.

Our Recent Articles

What Our Clients Say About Us

Travis BrownTravis Brown
11:27 09 Oct 24
Subject: Thank YouDear Mohammad, Hijran and Team at Lyons’s Law,I hope this message finds you well. I want to express my sincere gratitude for your unwavering commitment to my case. Your professionalism, patience, and guidance throughout the process were invaluable and ultimately led to a winning outcome.I fully recommend your services to anyone in need of legal assistance. Thank you once again for everything you've done.Best regards,Trav
Michelle MoffatMichelle Moffat
05:54 02 Oct 24
Mohammad Khan was outstanding . Highly Professional , compassionate and well versed in the law.. Mohammad instilled confidence and kept us informed the entire time . We highly recommend the firm
Stephan ConstantinStephan Constantin
10:02 19 Apr 24
A very professional team, great help
Mansoor RamzanMansoor Ramzan
16:17 15 Apr 24
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient, If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
Maan TVMaan TV
20:34 31 Jan 24
Best lawyer ,very kind and corporative staff. 100% satisfactory results.
Liv MLiv M
03:52 16 Jan 24
Md SajibMd Sajib
09:47 10 Jan 24
Nuralam MiaNuralam Mia
03:17 10 Jan 24
Md RiponMd Ripon
04:31 07 Jan 24
Nur MohammadNur Mohammad
11:02 05 Jan 24
Mshafiq786 ShafiqMshafiq786 Shafiq
10:26 26 Dec 23
SohagSohag
08:29 26 Dec 23
King AhmedKing Ahmed
04:00 26 Dec 23
Hijran has been the best and nicest lawyer there is
Muhammad Aslam sajidMuhammad Aslam sajid
10:41 20 Dec 23
Hani MakkiHani Makki
01:56 20 Dec 23
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Anowar SorkarAnowar Sorkar
01:25 20 Dec 23
Sana MollahSana Mollah
02:04 17 Dec 23
Aiyub Ahamed JabinAiyub Ahamed Jabin
13:54 15 Dec 23
MdAbul HossainMdAbul Hossain
02:23 15 Dec 23
Younus RahamanYounus Rahaman
22:49 12 Dec 23
SHAHIN HossainSHAHIN Hossain
11:49 08 Dec 23
Rubel HossenRubel Hossen
01:29 08 Dec 23
Aman UllahAman Ullah
03:15 06 Dec 23
Dennis BernalDennis Bernal
08:18 05 Dec 23
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
Rezaul karim RanaRezaul karim Rana
01:47 03 Dec 23
MD. Ramim HassanMD. Ramim Hassan
09:27 30 Nov 23
hridoy hasan pipluhridoy hasan piplu
04:36 29 Nov 23
PM. ParvejPM. Parvej
04:49 27 Nov 23
ShantoShanto
03:55 26 Nov 23
Md Ismaile hossenMd Ismaile hossen
10:46 25 Nov 23
MD SohelMD Sohel
10:33 25 Nov 23
Sheikh SajibSheikh Sajib
10:12 23 Nov 23
Your MotherYour Mother
07:13 20 Nov 23
Legends!!
SophieSophie
02:22 23 Oct 23
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
Bahaddin DibBahaddin Dib
04:59 10 Oct 23
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
Mash HasanMash Hasan
00:38 21 Sep 23
Thank you so much. Great team of criminal defence lawyers.
Joanna StobinskiJoanna Stobinski
02:18 03 Sep 23
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Joseph BorgJoseph Borg
22:50 02 Aug 23
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Shofiul AzamShofiul Azam
03:32 19 Jul 23
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Julie NJulie N
07:12 11 Jul 23
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
samdani gsamdani g
05:35 22 Jun 23
Very friendly and hard working
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
DR BernoussiDR Bernoussi
04:16 07 Mar 23
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Natasha SusmanNatasha Susman
09:20 26 Jan 23
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
steve .H.steve .H.
16:59 26 Dec 22
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
Norris “Chuck” LuNorris “Chuck” Lu
04:15 30 Nov 22
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
Omar MOmar M
01:31 16 Nov 22
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Edward HindsEdward Hinds
05:59 07 Nov 22
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
js_loader

Author

  • Lyons Law Group is a boutique firm of expert criminal solicitors and barristers. Lyons Law Group is dedicated to strong advocacy when representing its clients with an approach that is tailored to every client’s specific needs.