In considering extended joint criminal enterprise, where the additional crime committed by the primary offender is murder, which of the following is true?If the prosecution fails to secure a conviction for murder, manslaughter is not available.In order for the secondary participant to be convicted or murder, the prosecution must show foresight in relation to both the conduct and fault elements.In order for the secondary participant to be convicted or murder, the prosecution must show the accused foresaw the possibility of act/omission causing the murder, but need not show any intent to kill or cause grievous bodily harm.A party of a joint criminal enterprise must foresee the probability of crimes resulting from the enterprise, for any other party to be held liable.
Question
In considering extended joint criminal enterprise, where the additional crime committed by the primary offender is murder, which of the following is true?If the prosecution fails to secure a conviction for murder, manslaughter is not available.In order for the secondary participant to be convicted or murder, the prosecution must show foresight in relation to both the conduct and fault elements.In order for the secondary participant to be convicted or murder, the prosecution must show the accused foresaw the possibility of act/omission causing the murder, but need not show any intent to kill or cause grievous bodily harm.A party of a joint criminal enterprise must foresee the probability of crimes resulting from the enterprise, for any other party to be held liable.
Solution
The statement that is true in considering extended joint criminal enterprise, where the additional crime committed by the primary offender is murder, is: "In order for the secondary participant to be convicted of murder, the prosecution must show the accused foresaw the possibility of act/omission causing the murder, but need not show any intent to kill or cause grievous bodily harm."
This is based on the principle of 'foresight of consequences' in joint criminal enterprise. The prosecution must prove that the secondary participant foresaw the possibility that the primary offender might commit murder in the course of the joint enterprise. However, it is not necessary for the prosecution to prove that the secondary participant intended to kill or cause grievous bodily harm.
The other statements are not generally true. For example, if the prosecution fails to secure a conviction for murder, it may still be possible to secure a conviction for manslaughter, depending on the circumstances and the jurisdiction. Similarly, it is not necessary for a party of a joint criminal enterprise to foresee the probability of crimes resulting from the enterprise, for any other party to be held liable. Liability in a joint criminal enterprise is not dependent on the foresight of all parties involved.
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