*/
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 beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
Irresponsible use of AI can lead to serious and embarrassing consequences. Sam Thomas briefs barristers on the five key risks and how to avoid them
James Onalaja concludes his two-part opinion series