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Crime Solicitors

Supreme Court judgment may open way for appeals against some joint enterprise convictions (19 February 2016)

Date: 19/02/2016
Duncan Lewis, Crime Solicitors, Supreme Court judgment may open way for appeals against some joint enterprise convictions

A Supreme Court judgment by Lord Neuberger and colleagues in the case of a man convicted of murder under the joint enterprise rule could open up the way for others convicted of murder under joint enterprise to appeal their convictions.

Lord Neuberger, Lady Hale, Lord Hughes, Lord Toulson and Lord Thomas ruled on the case of Ameen Jogee, found guilty in 2011 of the murder of Leicestershire policeman Paul Fyfe.

Under the law of joint enterprise, if two people set out to commit an offence and in the course of that joint enterprise one of them commits another offence, the second person is guilty as an accessory to the second crime if he foresaw the possibility that his accomplice might act as he did, whether or not he intended it.

In the case of Jogee, he was convicted after the court heard he had encouraged his friend Mohammed Hirsi to stab PC Fyfe – as a result, both men were convicted of murder.

The Supreme Court has now set aside Jogee’s conviction, although he may be found guilty of manslaughter.

However, the Supreme Court has not ruled that the law of joint enterprise has been misinterpreted for the last 30 years – meaning hundreds of convicted murderers may now be able to appeal their sentences.

Jogee said that he was not in the house at the time the murder of PC Fyfe took place – and therefore was unable to foresee his murder at the time.

On Thursday (18/02/16), Lord Neuberger said in court that “foresight” could not be considered a sufficient basis on which to convict a defendant on a murder charge.

“The court is satisfied after a much fuller review of the law than in the earlier cases that the courts took a wrong turn in 1984 – and it is the responsibility of this court to put the law right,” he added.

Lord Neuberger went on to say that those convicted under joint enterprise might not be entitled to appeal against conviction automatically.

This is because not all joint enterprise convictions would be considered unsafe, as other laws were not affected by Thursday’s ruling, including the rule that anyone “who intentionally encourages or assists the commission of a crime is as guilty as the person who physically commits it”.

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