Law and Rights
Listed from 27th October to 29th October is the case of R v Jogee. This concerns the important and controversial aspect of criminal law known as "Joint Enterprise." In relation to the Jogee case the court sits as the Supreme Court of the UK. Being heard along with Jogee is the Ruddock case from Jamaica which also concerns joint enterprise and, for this case, the court sits as the Judicial Committee of the Privy Council.
I am not entirely sure but this may be the very first time that the Supreme Court of the UK and the Judicial Committee of the Privy Council have sat together in this way. The court will comprise: Lord Neuberger (President of the Supreme Court) who sits with Justices of the Supreme Court - Lords Kerr, Hughes, Toulson. The 5th member of the court is to be Lord Thomas - Lord Chief Justice of England and Wales.
The question for the court in Jogee is - "Whether the prosecution must prove that a secondary offender, who encouraged the primary offender to commit some harm, foresaw the primary offender's acquisition and use of a weapon for murder as "probable" rather than "possible" in order to establish joint enterprise."
In Ruddock the issue is "Whether the appellant's conviction for joint enterprise murder is unsafe."
This blog contains a number of earlier posts about Joint Enterprise liability - see, for example, Joint Enterprise (3) - 9th July 2014
There is also an interesting post at Matters Criminal 5th September 2015 - and this contains useful links to other material.
More information about the Jogee and Ruddock cases is available at:
Jogee - Full case details
Ruddock - Full case details
CPS - Joint enterprise charging decisions - Guidance 2012
Joint Enterprise Murder - Felicity Gerry QC - Crime and Justice Weekly March 2015
and see University of Reading - Mens rea in Joint Enterprise: a role for endorsement?
- Jogee And Ruddock ~ Cases At The Uksc And Jcpc
Over 3 days in late October 2015 the Supreme Court of the UK (UKSC) heard the very important criminal law case of Jogee. At the same time, the same judges heard the Judicial Committee of the Privy Council (JCPC) case from Jamaica - Ruddock. ...
- Joint Enterprise (3) - Concerns Are Widespread
The problematic aspect of criminal law commonly referred to as "Joint Enterprise" has been in the news recently as a result of a televised drama by Jimmy McGovern - COMMON. Please look at the previous posts on this topic - 4th April 2014 - Joint Enterprise...
- Joint Enterprise
On 19 October 2011, the House of Commons Justice Committee. announced an inquiry into the aspect of secondary liability in a criminal venture commonly known as joint enterprise. The inquiry was prompted by dissatisfaction with the operation of the doctrine...
- Joint Enterprise
No apology is made for returning to the vexed topic of joint enterprise in criminal law. In November 2009 the BBC published an article following a Panorama programme about this subject. Now Diane Abbott MP has raised the subject - see The...
- Joint Enterprise Murder
In R v Rahman [2008] UKHL 45, Lord Brown began his speech by stating ? ?There are many more murderers under our law than there are people who have killed intentionally. The actus reus of murder is, of course, the killing of the victim; the mens rea (established...
Law and Rights
Forthcoming important cases ~ Supreme Court and Judicial Committee of the Privy Council
I am not entirely sure but this may be the very first time that the Supreme Court of the UK and the Judicial Committee of the Privy Council have sat together in this way. The court will comprise: Lord Neuberger (President of the Supreme Court) who sits with Justices of the Supreme Court - Lords Kerr, Hughes, Toulson. The 5th member of the court is to be Lord Thomas - Lord Chief Justice of England and Wales.
The question for the court in Jogee is - "Whether the prosecution must prove that a secondary offender, who encouraged the primary offender to commit some harm, foresaw the primary offender's acquisition and use of a weapon for murder as "probable" rather than "possible" in order to establish joint enterprise."
In Ruddock the issue is "Whether the appellant's conviction for joint enterprise murder is unsafe."
This blog contains a number of earlier posts about Joint Enterprise liability - see, for example, Joint Enterprise (3) - 9th July 2014
There is also an interesting post at Matters Criminal 5th September 2015 - and this contains useful links to other material.
More information about the Jogee and Ruddock cases is available at:
Jogee - Full case details
Ruddock - Full case details
CPS - Joint enterprise charging decisions - Guidance 2012
Joint Enterprise Murder - Felicity Gerry QC - Crime and Justice Weekly March 2015
and see University of Reading - Mens rea in Joint Enterprise: a role for endorsement?
- Jogee And Ruddock ~ Cases At The Uksc And Jcpc
Over 3 days in late October 2015 the Supreme Court of the UK (UKSC) heard the very important criminal law case of Jogee. At the same time, the same judges heard the Judicial Committee of the Privy Council (JCPC) case from Jamaica - Ruddock. ...
- Joint Enterprise (3) - Concerns Are Widespread
The problematic aspect of criminal law commonly referred to as "Joint Enterprise" has been in the news recently as a result of a televised drama by Jimmy McGovern - COMMON. Please look at the previous posts on this topic - 4th April 2014 - Joint Enterprise...
- Joint Enterprise
On 19 October 2011, the House of Commons Justice Committee. announced an inquiry into the aspect of secondary liability in a criminal venture commonly known as joint enterprise. The inquiry was prompted by dissatisfaction with the operation of the doctrine...
- Joint Enterprise
No apology is made for returning to the vexed topic of joint enterprise in criminal law. In November 2009 the BBC published an article following a Panorama programme about this subject. Now Diane Abbott MP has raised the subject - see The...
- Joint Enterprise Murder
In R v Rahman [2008] UKHL 45, Lord Brown began his speech by stating ? ?There are many more murderers under our law than there are people who have killed intentionally. The actus reus of murder is, of course, the killing of the victim; the mens rea (established...