*/
Judges upheld guilty verdicts against 13 men in the first test appeals brought under a new interpretation of the joint enterprise law.
The cases came before the Court of Appeal after the Supreme Court ruled in February that the controversial law had been interpreted incorrectly for more than 30 years.
The doctrine of joint enterprise had allowed people to be convicted of murder even if they had not inflicted the fatal blow, but if they could have foreseen the violent acts of others.
But in the landmark case of R v Jogee, the Supreme Court ruled that the test based on foresight alone was an insufficient basis on which to convict a defendant, giving hope to many young, predominantly black and ethnic minority, men who claimed they were victims of a miscarriage of justice.
The Court of Appeal examined the facts of each of the individual cases, but found that none of the convictions was unsafe.
The Lord Chief Justice, Lord Thomas of Cwmgiedd, said that given the jury’s finding of facts, the verdicts would have been no different. Quoting the Supreme Court’s ruling, he said that correcting the law was ‘not to render invalid all convictions arrived at over many years by faithfully applying the law’.
The decisions were greeted by shouts of ‘No justice, no peace’ and ‘Shame on the court’ by campaigners and members of the defendants’ families in the court.
Judges upheld guilty verdicts against 13 men in the first test appeals brought under a new interpretation of the joint enterprise law.
The cases came before the Court of Appeal after the Supreme Court ruled in February that the controversial law had been interpreted incorrectly for more than 30 years.
The doctrine of joint enterprise had allowed people to be convicted of murder even if they had not inflicted the fatal blow, but if they could have foreseen the violent acts of others.
But in the landmark case of R v Jogee, the Supreme Court ruled that the test based on foresight alone was an insufficient basis on which to convict a defendant, giving hope to many young, predominantly black and ethnic minority, men who claimed they were victims of a miscarriage of justice.
The Court of Appeal examined the facts of each of the individual cases, but found that none of the convictions was unsafe.
The Lord Chief Justice, Lord Thomas of Cwmgiedd, said that given the jury’s finding of facts, the verdicts would have been no different. Quoting the Supreme Court’s ruling, he said that correcting the law was ‘not to render invalid all convictions arrived at over many years by faithfully applying the law’.
The decisions were greeted by shouts of ‘No justice, no peace’ and ‘Shame on the court’ by campaigners and members of the defendants’ families in the court.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control