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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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