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Where two or more persons together form a common intention to commit a particular criminal act, and that act is actually done by one or more of them in furtherance of this shared intention, each person forming part of the common intention is held liable for the act exactly as if that person had personally done it alone, regardless of who among the group actually performed the physical act itself. The doctrine of common intention thus fixes joint liability on every participant sharing the same prior meeting of minds, not merely on whoever happened to strike the final blow or otherwise directly execute the criminal act.

For the doctrine to apply, several elements must be established. First, there must be a genuine, shared common intention formed before the criminal act is carried out -- a real meeting of minds regarding the specific criminal act to be done, rather than a mere presence at the scene or a general awareness that some vague wrongdoing might occur. This common intention may be formed on the spur of the moment, immediately before the act, and need not have been planned long in advance, provided a genuine, shared intention to commit the specific act did, in fact, exist at the relevant time. Second, the act actually done must be in furtherance of this shared common intention, meaning the act must be one that flows from and advances the agreed common purpose, rather than being an unconnected, independent act by one participant that goes beyond what was actually intended by the group.

A person's mere presence at the scene of a crime, without sharing in the actual common intention to commit that specific criminal act, does not by itself make that person liable under this doctrine; presence alone, without a genuine, shared intention regarding the specific act committed, falls short of what the doctrine requires. Similarly, where one member of a group, acting entirely on their own initiative and outside what the group had actually, genuinely intended, commits an act that goes beyond the shared common intention -- an independent act unconnected to the agreed common purpose -- the other members who did not share in this particular, additional intention are generally not liable for that specific, additional act, even though they may remain liable for whatever act was actually within their own genuine, shared common intention.

The doctrine of common intention, properly understood, distinguishes between the liability that arises when a group genuinely intends a particular criminal outcome together, however that shared intention is eventually carried out by any one of them, and the very different situation where a person merely happens to be present while another commits an act the first person never actually shared any genuine intention to bring about.

Question 1

Assertion (A): Under the doctrine of common intention, a person who merely happens to be present at the scene of a crime, without sharing any genuine intention regarding the specific criminal act committed, is automatically liable for that act. Reason (R): Mere presence at the scene of a crime, without sharing in the actual common intention to commit that specific criminal act, does not by itself make that person liable under this doctrine. Which of the following is correct?

Question 2

Two individuals genuinely and specifically plan together to commit a specific act of criminal intimidation against a particular person, with a clear, shared understanding of exactly what each will do to carry this out. Both individuals proceed to carry out their respective agreed roles in this plan exactly as intended. Is each individual liable for the resulting act of intimidation under the doctrine of common intention, even though only one of them may have spoken the actual threatening words aloud?

Question 3

A group of individuals genuinely and specifically forms a shared common intention to commit vandalism against a specific building, with no discussion whatsoever of causing harm to any person. During the vandalism, one member, entirely independently and without any agreement from the others, suddenly attacks a security guard who arrives at the scene, an act genuinely outside and unconnected to what the group had actually intended. Are the other members of the group liable for this independent attack on the security guard?

Question 4

Which of the following best explains why the doctrine of common intention does not require the person held liable to have personally performed the physical criminal act, according to the passage?

Question 5

A person, F, happens to be standing near a group of individuals who suddenly and spontaneously decide, without F's knowledge, participation, or agreement, to attack a passerby. F never shared in this common intention, never agreed to participate, and had no advance knowledge that any attack would occur, merely happening to be physically present nearby when it happened. Is F liable for the attack under the doctrine of common intention, based purely on this mere presence at the scene?

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