Abstract/Summary

The paper examines the recent decision in Miller v The Queen by the High Court of Australia. The Court declined to follow the Privy Council and UK Supreme Court (UKSC) in abolishing the doctrine of extended joint criminal enterprise, but as the paper argues the reasons given by the majority do little more than reassert well-rehearsed arguments in favour of ‘joint enterprise’ doctrine. The decision appears policy-based rather than principled. The paper suggests that the dissenting opinion makes for a much more convincing argument.