Understanding Joint Commission Offences in the ACT

A person’s liability for criminal offences in the Australian Capital Territory can be extended in several different ways. One of these is through the legal principle known as joint commission.



In this article, we will break down the specifics of this principle by answering some of the most common questions surrounding it. If you are facing this type of charge, then the information below should shed light on your situation and what your next steps should be.

The legal doctrine known as joint commission, which is sometimes referred to as a joint criminal enterprise, falls under the broad category of complicity. In essence, it is a legal principle that extends the culpability for a committed offence to those beyond the direct perpetrator of an act to those that are involved in an agreement to commit the offence.

The concept is similar to that of being an accessory to a crime, although the term accessory has a significantly broader meaning under the law. In any case, a joint commission takes place, as outlined under Section 45A of the Criminal Code 2002, when:

• Two or more people enter into an agreement to carry out an offence; AND
• An offence was committed in accordance with the agreement or during the course of carrying out the said agreement

Simply put, a joint commission involves cases that can be classified as joint offences committed jointly by two or more co-accused. The extent of their involvement may vary, but the effect is that it makes the person who formed an agreement with the direct perpetrator as guilty as the direct perpetrator of their crime.



Take note, however, that the term agreement doesn’t necessarily mean that the people involved had entered into one prior to the commission of the offence. The law indicates that the agreement may have been made at the same time that the offence was being committed.

Under the law, any person who enters into an agreement with one or more people to carry out a criminal offence can be considered as having committed an offence as part of a joint commission or joint criminal enterprise.



As long as they meet the stipulations highlighted above, and that the prosecution is able to prove this, they can be found equally guilty for a particular offence, regardless of their individual roles and involvement in it.

Keep in mind that a person can still be found guilty even if the other parties are not prosecuted or found guilty themselves. Additionally, a person does not necessarily have to be physically present when the offence was committed in order to be considered complicit.

Lastly, a person who procures another person to carry out the offence can also be charged with commission by proxy, as outlined under Section 46 of the same Act.

As stated above, people found guilty of a joint offence can be charged and are equally culpable regardless of their involvement. This means that in some circumstances the penalty can potentially be the same or similar for each person, and it would be based on the nature of the crime and the specific laws that apply to it.



Similarly, any possible defences for a person charged with joint commission will also be based on the crime itself. However, a person can remove themself from the joint criminal enterprise if they are able to establish that they ended their involvement before the offence was committed.

If you are facing a joint commission or joint criminal enterprise type of charge and you wish to defend yourself against it, it is best that you seek the help of an experienced criminal lawyer who can guide you through the legal processes involved. Depending on the nature of the crime that you are being charged with, you could be facing many years of imprisonment, a significant fine, or both.

Work with a lawyer who can help prevent that from happening. We are criminal lawyers serving Canberra, Wollongong, Queanbeyan, Goulburn, and surrounding locations in Australia. Get in touch with us if you have any other questions.