*/
The Supreme Court paved the way for appeals by some offenders found guilty of murder, ruling that the law of joint enterprise had been wrongly interpreted for three decades.
In R v Jogee [2016] UKSC 8 the court unanimously held that the courts had been in error in equating ‘foresight’ on the part of a co-accused who had not struck the fatal blow, with ‘intent to assist’ the principal.
The correct approach was to treat that foresight as ‘evidence of intent’ together with the rest of the evidence.
Delivering the judgment in February, the President of the Supreme Court, Lord Neuberger, said: ‘The courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right.’
Almost 500 people are thought to have been convicted of murder between 2005 and 2013 as secondary parties in joint-enterprise cases, many in gang-related attacks.
In December 2014, the Commons’ Justice Select Committee called for an urgent review into its use to prevent overcharging and expressed concern that a large proportion of those convicted were young black and mixed race men.
Shauneen Lambe, director of Just for Kids Law which intervened in the case, highlighted the increase in number of children, including some who are vulnerable and have learning difficulties, who have been ‘locked up for crimes that they did not intend to happen nor were they directly involved in’.
The murder convictions of the two men involved in the case were set aside. Defendants seeking to appeal their convictions will have to show that they would suffer ‘substantial injustice’ if they were not able to do so. See also 'The world post-Jogee' in Counsel, April 2016.
The Supreme Court paved the way for appeals by some offenders found guilty of murder, ruling that the law of joint enterprise had been wrongly interpreted for three decades.
In R v Jogee [2016] UKSC 8 the court unanimously held that the courts had been in error in equating ‘foresight’ on the part of a co-accused who had not struck the fatal blow, with ‘intent to assist’ the principal.
The correct approach was to treat that foresight as ‘evidence of intent’ together with the rest of the evidence.
Delivering the judgment in February, the President of the Supreme Court, Lord Neuberger, said: ‘The courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right.’
Almost 500 people are thought to have been convicted of murder between 2005 and 2013 as secondary parties in joint-enterprise cases, many in gang-related attacks.
In December 2014, the Commons’ Justice Select Committee called for an urgent review into its use to prevent overcharging and expressed concern that a large proportion of those convicted were young black and mixed race men.
Shauneen Lambe, director of Just for Kids Law which intervened in the case, highlighted the increase in number of children, including some who are vulnerable and have learning difficulties, who have been ‘locked up for crimes that they did not intend to happen nor were they directly involved in’.
The murder convictions of the two men involved in the case were set aside. Defendants seeking to appeal their convictions will have to show that they would suffer ‘substantial injustice’ if they were not able to do so. See also 'The world post-Jogee' in Counsel, April 2016.
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
Join us on Saturday 21 November 2026 at Leeds Beckett University and see for yourself why the North continues to be an exceptional place to build a career at the Bar
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
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control