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ARTICLE · 15 SEPTEMBER 2022

Constructive murder via joint criminal enterprise: Complicity in crime Part 3

Outline the more complex laws of complicity of murder and constructive murder in New South Wales.

AustraliaCriminal Law

In our previous articles, we discussed and outlined the laws of complicity and the different ways that a person who doesn't physically commit the crime can still be liable and guilty of that crime under a joint criminal enterprise and as an accessory before, during or after the fact in relation to NSW offences.

In this article we outline the more complex laws of complicity of murder and constructive murder in New South Wales.

In particular, here we outline how the attribution of criminal responsibility of guilt applies to constructive murder where the victim dies either during or immediately after the commission of another crime carrying a maximum penalty of 25-years or life imprisonment, such as armed robbery with wounding. This is referred to as constructive murder or felony murder.

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