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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.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back