Shaw v Tasmania

The case of *Shaw v Tasmania* concerned an appeal against a conviction for murder. The appellant, Shaw, was alleged to have been part of a joint criminal enterprise that resulted in the death of the victim. The appeal was heard by the Full Court of the Supreme Court of Tasmania, comprising Blow CJ, Wood, Estcourt, Pearce and Brett JJ.

The central legal issue before the Full Court was whether the common law doctrine of joint criminal enterprise, which allows for the imputation of intent from one participant to another in a shared criminal purpose, was applicable in Tasmania. This question arose in the context of the *Criminal Code* (Tas), which codifies criminal offences and defences. The Court was required to determine if the *Criminal Code* had abrogated or replaced the common law doctrine of joint criminal enterprise.

The Full Court held that the *Criminal Code* (Tas) did not permit the application of the common law doctrine of joint criminal enterprise. Their Honours reasoned that the Code provided a comprehensive framework for criminal liability, and that the absence of any express provision for joint criminal enterprise meant that such a doctrine was not available. Instead, liability for complicity in Tasmania was to be determined by the specific provisions of the *Criminal Code* relating to aiding, abetting, counselling, or procuring the commission of an offence.

Consequently, the Full Court allowed the appeal, quashed the conviction, and ordered a new trial.