ABSTRACT
This chapter examines that, each of the six states, New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia, the two territories, the Australian Capital Territory and Northern Territory and the federal jurisdiction has its own criminal law. There is, in fact, considerable convergence throughout Australia regarding the substantive criminal laws and the principles governing participation in crime, and the general basis for attributing criminal liability for the acts of others. Warren argues that the High Court of Australia and other Australian courts have broadened the mens rea required of the accessory to now include recklessness by the accessory. Brennan CJ, Deane, Dawson, Toohey and Gummow JJ stated: In McAuliffe, the High Court of Australia appears to be extending the meaning of common purpose to the possible consequences of the intended act in the agreement between parties. There are differences between sentencing regimes throughout Australia but they share many commonalities, both in form and substance.
