Law and Rights
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 Guardian 29th July. Abbott refers to the case of Jordan Cunliffe who was one of three convicted of the murder of Mr Garry Newlove - the others were Adam Swellings and Stephen Sorton. Jordan Cunliffe is partially sighted and that the prosecution accepted this at the time of the trial. [This is not necessarily a fact which would exempt a person from liability but it could, depending on all the facts, be a very important consideration to the extent that it might cause a jury to doubt whether the person had engaged in a joint enterprise particularly in a case where the alleged joint enterprise arose almost spontaneously as opposed to some pre-planned event]. Abbott calls for a review of the law.
The doctrine of joint enterprise is required but, as it is being currently applied, is capable of producing injustice. For earlier posts on this subject see Joint Enterprise 1 and Joint Enterprise 2 Armel Gnango case. Reform is necessary and ought to be carried out with a degree of urgency.
- 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 (1) Or Parasitic Accessory Liabilty ~ Setting The Scene
Individuals can participate in crime in various ways and the criminal law recognises this by enabling the conviction of not only principal offenders - (that is, those who actually commit the prohibited act with any necessary mental element or mens rea)...
- Supreme Court - R V Armel Gnango - Murder
In 2008, Armel Gnango was convicted at the Old Bailey of the murder of Magda Priewska. There was a "shoot out" between Gnango and another man ("Bandana Man"). Magda came innocently upon this event and was killed by a shot to her head. ...
- Armel Gnango - Murder Conviction Quashed - Joint Enterprise
The concept of "Joint Enterprise" was discussed on Law and Lawyers in January 2010 - see here. It is a very problematic concept and appeals continue. There is an urgent need for better definition of this area of the criminal law. This...
- 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
Joint Enterprise
The doctrine of joint enterprise is required but, as it is being currently applied, is capable of producing injustice. For earlier posts on this subject see Joint Enterprise 1 and Joint Enterprise 2 Armel Gnango case. Reform is necessary and ought to be carried out with a degree of urgency.
- 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 (1) Or Parasitic Accessory Liabilty ~ Setting The Scene
Individuals can participate in crime in various ways and the criminal law recognises this by enabling the conviction of not only principal offenders - (that is, those who actually commit the prohibited act with any necessary mental element or mens rea)...
- Supreme Court - R V Armel Gnango - Murder
In 2008, Armel Gnango was convicted at the Old Bailey of the murder of Magda Priewska. There was a "shoot out" between Gnango and another man ("Bandana Man"). Magda came innocently upon this event and was killed by a shot to her head. ...
- Armel Gnango - Murder Conviction Quashed - Joint Enterprise
The concept of "Joint Enterprise" was discussed on Law and Lawyers in January 2010 - see here. It is a very problematic concept and appeals continue. There is an urgent need for better definition of this area of the criminal law. This...
- 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...