Can you be charged for an offence that you did not commit?

People are often charged as a party to an offence for being present when another person commits the offence.

To be liable as a party, it is necessary for the prosecution to establish each person’s criminal responsibility by classifying their level of participation, followed by proving there was a ‘common intention’ to commit the offence.

EXAMPLE: if 3 people are present at a place but only 1 person performs an act constituting murder, all persons present may be charged with murder, depending on their level of participation.

A person may be excused where they can raise facts showing they were merely present at the time of the offence and did not participate.

Expert Brisbane Criminal Lawyers – 24/7

Seeking legal advice?  Contact Russo Lawyers Brisbane CBD office via phone on 1800 558 533 or (07) 3238 1888 or contact us online.

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