Joint enterprise has been in the spotlight for sometime now, a change in the law was bound to happend sooner or later..
…the Jogee decision is here.
Forsight is no longer sufficient for a secondary party to be criminally responsible for the action(s) of a principal offender. It remains a “factor” to be considered but now there must be an intention for the specific act to happen on the part of the secondary party, for that party to be criminally liable for the actions of the principal offender.
The Police and CPS have been less than objective when investigating serious offences involving multiple suspects / defendants. The Supreme Court decision of Jogee will now focus the minds of those who investigate and prosecute crime. No longer can they hope the jury will find that the group must have forseen the act would happen. They must now scrutinise actions of individuals to try and establish that the secondary party “intended” for the actions of the principal offender to have occurred.
On the 22nd February 2016 at The Old Bailey the decision of Jogee made a difference during the trial for the murder of Ahmed Ahmed (pictured).
Khalid Hashi (23) and Hamza Dodi (24) walked free following Judge Paul Worsley directing the jury to acquit following the defence submission of no case to answer. Osma Musa Mohamed (20) aka “Ratface” was convicted of his murder and was sentenced to 22 years. I am quite sure there was a “real risk” of Hashi and Dodi being convicted and serving significant sentences if the old law had been applied.
There will be many appeals following the Jogee decision, some will be successful but many will fail owing to the conviction being safe due the “intention” of the secondary party being clear.
If you have any questions or concerns regarding the safety of a conviction relating to JE please contact me: firstname.lastname@example.org