Category: joint enterprise

Lawyer’s crowdsourcing site aims to help people have their day in court – The Guardian

Posted October 21st, 2015 in appeals, budgets, costs, joint enterprise, legal aid, legal representation, murder, news, public interest, Supreme Court by sally

‘With warnings coming thick and fast about the stark ramifications of the government’s sweeping cuts to legal aid, it was probably inevitable that someone would come up with a new way to plug some gaps in access to justice. Enter the legal crowdfunder, CrowdJustice, an online platform where people who might not otherwise get their case heard can raise cash to pay for legal representation and court costs.’

Full story

The Guardian, 21st October 2015

Source: www.guardian.co.uk

Joint enterprise law criminalises young, black men. It urgently needs reform – The Guardian

Posted September 23rd, 2015 in criminal justice, joint enterprise, minorities, news, young persons by sally

‘The supreme court is next month to consider radically reforming the law of joint enterprise, after claims that it drags innocent people into the criminal justice system and excessively punishes those on the periphery of violent crime.’

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The Guardian, 22nd September 2015

Source: www.guardian.co.uk

If you encourage someone to kill, are you guilty of murder? – The Guardian

Posted July 15th, 2015 in appeals, homicide, joint enterprise, murder, news, sentencing, Supreme Court by tracey

‘Does the law of joint enterprise cause injustice? That’s the question the supreme court will confront in October. If its answer is yes, the UK’s most senior judges will have the chance to put things right.’

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The Guardian, 14th July 2015

Source: www.guardian.co.uk

Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

Posted May 11th, 2015 in ex turpi causa, illegality, joint enterprise, negligence, news, personal injuries by sally

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

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Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

MPs call for review of law used in gang murder cases – Daily Telegraph

Posted December 17th, 2014 in gangs, joint enterprise, miscarriage of justice, murder, news, race discrimination by sally

‘Laws which allow defendants to be convicted of murder in a ‘joint enterprise’ should be urgently reviewed, says select committee.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

Hollie Robinson loses father murder appeal bid – BBC News

Posted October 23rd, 2014 in appeals, joint enterprise, murder, news by sally

‘A Colwyn Bay woman who teamed up with others to kill her own father in a knife attack must accept her murder conviction, top judges have ruled.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

Posted August 18th, 2014 in armed forces, constitutional law, crimes against humanity, EC law, fees, human rights, immigration, inquiries, internet, interpretation, Israel, joint enterprise, judges, malicious communications, news, pensions by tracey

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by tracey

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Delaney v Secretary of State for Transport – WLR Daily

Posted June 13th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, law reports, news, personal injuries, uninsured drivers by sally

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

Posted June 9th, 2014 in accidents, appeals, compensation, drug offences, EC law, human rights, insurance, joint enterprise, news, personal injuries, uninsured drivers by sally

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Drug dealer wins car crash compensation battle – Daily Telegraph

Posted June 4th, 2014 in compensation, dangerous driving, drug offences, EC law, joint enterprise, news, personal injuries, uninsured drivers by sally

‘High Court rules British laws on uninsured drivers are ‘in plain breach’ of European Union directives.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Ajmol Alom murder: Knife warnings as trio jailed – BBC News

Posted May 8th, 2014 in joint enterprise, murder, news, offensive weapons, sentencing, wounding by tracey

‘Three men have been jailed for life for the murder of a “star pupil”. Aspiring doctor Ajmol Alom, 16, was stabbed in the thigh by a masked gang in an unprovoked attack near his home in Poplar, east London, on 12 August. Aminur Nadir Khan, 19, Mashudur Rahman, 22, and Ali Akbar Choudhury, 20, were jailed for a minimum of 23 years.’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

‘Joint enterprise’ prosecution figures released – BBC News

Posted April 1st, 2014 in conspiracy, gangs, homicide, joint enterprise, news, prosecutions, reports by sally

‘More than 4,500 people were prosecuted for homicides involving two or more defendants over the past eight years, a report has said.’

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BBC News, 1st April 2014

Source: www.bbc.co.uk

Revealed: how 300-year-old duellist law is jailing hundreds for ‘joint enterprise’ killings – The Independent

Posted April 1st, 2014 in appeals, conspiracy, gangs, homicide, joint enterprise, miscarriage of justice, news by sally

‘Hundreds of people are convicted of murder or manslaughter every year in England and Wales even though they were not directly responsible for the crime, it is revealed today.’

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The Independent, 1st April 2014

Source: www.independent.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Manchester Debenhams boy rapist has jail term cut – BBC News

Posted November 22nd, 2013 in joint enterprise, news, rape, sentencing by tracey

‘One of two men jailed for raping a 14-year-old boy in the toilet of a central Manchester department store has had his prison sentence cut.’

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BBC News, 21st November 2013

Source: www.bbc.co.uk

Snakes & ladders – New Law Journal

Posted June 28th, 2013 in appeals, causation, ex turpi causa, joint enterprise, negligence, news, personal injuries, proportionality by tracey

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

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New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

Joint Pain – Right or Wrong? – Criminal Law and Justice Weekly

Posted June 10th, 2013 in joint enterprise, murder, news, violent disorder, young offenders by sally

“In a flurry of press reports, the trials of 20 young people charged in connection with a savage murder came to an end with unequivocally strong views on the parts of the families of both the convicted and the victim. This article looks briefly at the doctrine of joint enterprise in English criminal law, used to convict some, but it seems – surprisingly – not all of the defendants charged.
Soyfen Belamouadden was just 15 years old when on March 25, 2010 he was murdered in a vicious knife assault by a number of youths in the booking office in Victoria Station, London. Thirteen defendants were originally charged, with murder, with seven others charged with other offences. After a series of trials, 13 were convicted of various offences ranging from manslaughter to lesser offences such as violent disorder and three of the defendants were convicted of murder and sentenced to life imprisonment with a recommendation that they serve a minimum of 18 years.”

Full story

Criminal Law and Justice Weekly, 8th June 2013

Source: www.criminallawandjustice.co.uk

Joyce v O’Brien and another – WLR Daily

Posted May 20th, 2013 in causation, ex turpi causa, joint enterprise, law reports, negligence, personal injuries by sally

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk