Knowledge of the Weapon in Party Liability Cases: an Analysis of Edmonds v R

Abstract

The issue of whether knowledge of the weapon used in a group offence should be a requirement to convict a secondary party has been plaguing Common Law jurisdictions for years. This paper examines the recent decision of Edmonds v R to discuss ‘knowledge-of-the-weapon’ requirements in joint enterprise party liability, governed by s 66(2) of the Crimes Act 1961. The chosen approach of the Supreme Court differs substantially from the development of this area in England and Wales (England). It reflects the codified nature of our criminal provisions and a desire to keep the question of foresight of the ultimate harm in the centre of the analysis.