Published by Geoff Harrison | 6 January 2025
A Joint Criminal Enterprise (JCE) is essentially an agreement between co-offenders that a crime be committed and that they then participate in some way to bring about that crime (presence at the scene of the crime is not required; only an act in furtherance of the crime), or an offender commits a crime that was foreseen that might be committed during the joint criminal enterprise or an offence that is committed that is outside the scope of the joint criminal enterprise however, it was an offence that the offender foresaw might be committed during the JCE (referred to as extended joint criminal enterprise). A JCE attributes the acts of a co-offender to all co-offenders, and all participants will be guilty of the specific crime or extended crime subject to that particular offender's foresight of the crime that was committed. Hence, a JCE may be established by:
a. Participation in the same offence, e.g. other parties joining in a fight
b. Where a further crime is committed beyond the JCE, however, the further crime falls within the scope as possibly occurring in the commission of the JCE offence
c. Where a further crime is committed outside the scope of the JCE, however, the accused foresaw that the further crime might have been committed during the JCE (see Criminal Trials Court Bench Book: 2-740).
The history of the doctrine of extended JCE was discussed by the plurality in Miller v The Queen: [6] - [45].
In Tangye (1997) 92 A Crim R 545 at [94], the principles relating to JCE were explained as:
(1) The law is that, where two or more persons carry out a joint criminal enterprise, each is responsible for the acts of the other or others in carrying out that enterprise. The Crown must establish both the existence of that joint criminal enterprise and the participation in it by the accused.
(2) A joint criminal enterprise exists where two or more persons reach an understanding or arrangement amounting to an agreement between them that they will commit a crime. The understanding or arrangement need not be express, and its existence may be inferred from all the circumstances. It need not have been reached at any time before the crime is committed. The circumstances in which two or more persons are participating together in the commission of a particular crime may themselves establish an unspoken understanding or arrangement amounting to an agreement formed between them then and there to commit that crime.
(3) A person participates in that joint criminal enterprise either by committing the agreed crime itself or simply by being present at the time when the crime is committed.
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