錯
CFA in
HKSAR v Chan Kam-Shing
C.1 Basic joint criminal enterprise
41. The common law has developed two forms of joint criminal enterprise which may be referred to as the basic and extended forms. The basic version involves the co-adventurers simply agreeing to carry out and then executing a planned crime. As it was put in the joint judgment of French CJ, Kiefel, Bell, Nettle and Gordon JJ, in
Miller v The Queen:
“If the crime that is the object of the enterprise is committed while the agreement remains on foot, all the parties to the agreement are equally guilty, regardless of the part that each has played in the conduct that constitutes the actus reus.”
42. Since participation in the joint criminal enterprise makes all participants guilty whoever the actual perpetrator may have been,
this doctrine is of particular value in murder cases where there is evidential uncertainty as to who struck the fatal blow.