Joint Enterprise Bill Passes First Hearing – Each Other

Posted September 8th, 2022 in appeals, bills, joint enterprise, news, remand by sally

‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’

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Each Other, 7th September 2022

Source: eachother.org.uk

Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other

‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’

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Each Other, 26th May 2022

Source: eachother.org.uk

Joint enterprise ruling has not led to fewer homicide charges, report finds – The Guardian

‘A landmark UK judgment that was expected to lead to a reduction in joint enterprise prosecutions and convictions for homicide has had no discernible effect, while the number of Black people convicted of murder under the controversial doctrine has risen, research suggests.’

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The Guardian, 27th April 2022

Source: www.theguardian.com

Liberty threatens to sue government over ‘racist’ joint enterprise law – The Guardian

‘The human rights group Liberty is threatening to sue the government and Crown Prosecution Service (CPS) over the bitterly contested law of joint enterprise, arguing that it is discredited and racist in the way the authorities pursue it.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

Dudley mum’s legal fight over autistic son’s conviction – BBC News

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Joint Enterprise and the Real Impact of Jogee – Carmelite Chambers

Posted August 26th, 2021 in criminal responsibility, homicide, joint enterprise, news by sally

‘Tom Edwards looks at the impact of the shift from Joint Enterprise to Common Purpose in the five years since Jogee, and considers its impact in both the Crown Court and Court of Appeal.’

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Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Jogee: no winners in this case – Counsel

‘An insight into what it’s like being a young defendant in a gang-related murder trial. Did Jogee change the ‘odds’? Is the doctrine still a stark reality?’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Dangerous Driving, Joint Criminal Enterprise and Ex Turpi Causa Defence: is Mens Rea made out? – Zenith Chambers

Posted December 14th, 2018 in dangerous driving, ex turpi causa, joint enterprise, news by sally

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causa defence.’

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Zenith Chambers, 26th November 2018

Source: www.zenithchambers.co.uk

What is ‘substantial injustice’ for the purposes of a criminal case review? – UK Human Rights Blog

‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Laura Mitchell loses appeal against Andrew Ayres murder conviction – The Guardian

Posted November 15th, 2018 in appeals, joint enterprise, murder, news by tracey

‘A trainee midwife sentenced to life imprisonment for murder, who claimed she was looking for her shoes in a car park when the fatal attack occurred outside a Bradford pub, has failed to overturn her conviction. The court of appeal’s ruling in the test case of Laura Mitchell was greeted with dismay by supporters who have been campaigning for changes to the controversial “joint enterprise” rules.’

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The Guardian, 14th November 2018

Source: www.theguardian.com

Pair who tortured and murdered 74-year-old shopkeeper jailed for life – The Independent

Posted September 11th, 2018 in joint enterprise, kidnapping, murder, news, sentencing, torture by tracey

‘Two “cowardly, cruel and callous” men have been jailed for life for torturing and killing an elderly jeweller in a botched £300,000 robbery.’

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The Independent, 11th September 2018

Source: www.independent.co.uk

Seven jailed for life over fatal stabbing of teenager in Manchester – The Guardian

‘Five men and two teenage boys have been jailed for life with a minimum tariff of 14 to 19 years after a teenager was stabbed to death in Manchester’s Moss Side.’

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The Guardian, 4th September 2018

Source: www.theguardian.com

Man released after joint enterprise conviction quashed – BBC News

Posted April 24th, 2018 in appeals, joint enterprise, news by sally

‘A man has been released from prison after becoming the first person since 2016 to have a joint enterprise murder conviction quashed.’

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BBC News, 24th April 2018

Source: www.bbc.co.uk

Judges reject ‘joint enterprise’ challenge – BBC News

Posted October 31st, 2016 in joint enterprise, murder, news by sally

‘Judges have refused to overturn guilty verdicts in a “joint enterprise” challenge by men convicted of group attack murders.’

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BBC News, 31st October 2016

Source: www.bbc.co.uk

‘Joint enterprise’ murder verdicts due following revelation that law has been ‘misinterpreted for 30 years’ – The Independent

Posted October 31st, 2016 in joint enterprise, murder, news by sally

‘The legal challenges follow a Supreme Court decision in February that the application of the law on joint enterprise, otherwise known as common enterprise, had taken ‘a wrong turn’ and been misinterpreted for 30 years.’

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The Independent, 31st October 2016

Source: www.independent.co.uk

Murder law will not be reformed, justice minister tells MPs – The Guardian

Posted September 15th, 2016 in homicide, joint enterprise, murder, news, select committees by tracey

‘he government has rejected growing calls for a major overhaul of the law on homicide, including the creation of a US-style offence of first-degree murder, saying it would create a “murder-lite” category for most killings.’

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The guardian, 14th September 2016

Source: www.guardian.co.uk

Ameen Jogee convicted in retrial after successful joint enterprise appeal – BBC News

Posted September 6th, 2016 in appeals, homicide, joint enterprise, news, retrials by sally

‘A man whose murder conviction was quashed by the Supreme Court in a landmark ruling on joint enterprise has been convicted of manslaughter.’

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BBC News, 5th September 2016

Source: www.bbc.co.uk

Regina v Anwar (Umar) and others [2016] EWCA Crim 551 – WLR Daily

Regina v Anwar (Umar) and others [2016] EWCA Crim 551

‘The victim was telephoned and offered a supply of cannabis, as a result of which he drove to the appointed place where he got into a silver car, joining the three occupants, to complete the purchase. The front passenger pointed a shotgun at his face while the driver brandished a knife. As the victim attempted to escape two men exited a white van nearby and attempted to take his car. The man with the shotgun fired two shots but the victim escaped. Six defendants stood trial on charges of attempted murder, conspiracy to commit robbery and possession of a firearm with intent to commit robbery. The Crown argued that this was a well-planned criminal enterprise as shown on the CCTV footage and by the frequent mobile phone calls between the defendants which showed that all the robbers had the necessary knowledge that a firearm was to be carried with the intention that it should be used during the course of the robbery with the required, if conditional, intention to kill. The trial judge ruled that, although there was a case for all defendants to answer in respect of the count of conspiracy to rob, there was no case in relation to attempted murder and possession of a firearm with intent because there was no evidence to establish a prima facie case as to (a) any particular defendant being in the silver car; (b) any particular defendant holding the shotgun either in the silver car or when the shots were fired; or (c) crucially, any particular defendant being aware, by the time of travelling to the scene, that the shotgun was loaded, or that he was intending that it should be used if necessary specifically to kill. The Crown appealed against the judge’s ruling, pursuant to the provisions of section 58 of the Criminal Justice Act 2003.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk