NCJ Number
230819
Date Published
June 2009
Length
16 pages
Annotation
This paper is the first part of a two-part series that discusses sentencing principles in cases where the offender has been found criminally liable in a joint criminal enterprise either through direct participation in the crime or through the application of the doctrine of extended common purpose.
Abstract
This paper, from the Judicial Commission of New South Wales, examines the sentencing principles that should be considered when an offender is found criminally liable through participation in a joint criminal enterprise. A joint criminal enterprise exists when two or more persons agree that between them, all of them, or even one of them, will commit a crime. The doctrine of extended purpose applies when one of the participants in the joint criminal enterprise, commits a secondary crime while participating in the enterprise that is within the scope of the joint enterprise. This paper explores in depth the sentencing authorities used in five specific offense categories in instances of a joint criminal enterprise: homicide, assault and wounding, robbery, kidnapping, and breaking and entering. When determining the appropriate sentences for offenders found criminally liable in a joint criminal enterprise, the following conditions should be considered: whether the offender instigated the offense or was the dominant or weak figure; to what degree the offender was involved in the planning of the offense; to what extent the offender participated in any violence perpetrated in the commission of the offense; and the offender's foresight, personal connection, or knowledge of the presence of a weapon.