( Log Out / Can’t wait to see how the law develops. I am not saying we want courts to change their minds regularly but it would be helpful if politicians actually spent some time looking at fixing bad law rather than launching endless amounts of ‘new’ initiatives. To do so would render a legal system uncertain, incoherent and dysfunctional. The consequence of this is that a number of people have been locked up for life imprisonment with convictions for things they never intended, conceived or contemplated they would be involved in. Two caveats to that rule were acknowledged in. Such matters have for years been governed generally by the Pinfold principles. The Court of Appeal quashes convictions which are unsafe: “It seems to us inescapable that the proper avenue for these applicants is to consider the option of the CCRC unless they can bring their current applications broadly within the confines of the principles in Pinfold. ( Log Out / endstream endobj 663 0 obj <>/Metadata 83 0 R/Outlines 94 0 R/Pages 660 0 R/StructTreeRoot 221 0 R/Type/Catalog/ViewerPreferences<>>> endobj 664 0 obj <>/MediaBox[0 0 595.44 841.68]/Parent 660 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 665 0 obj <>stream This was a change should have been made many years ago, it is a sad indictment of our system that it is only now that the change is being made. Such clarification, even where it is correcting a wrong turn in the law as in Jogee, does not render a nullity any previous decision based on the position as understood prior to that clarification. �� [ Ruling could affect past judgements in Cayman Islands] February 21, 2016 by ieyenews Leave a Comment. ��k1d��+I����I�D���w��eS=Ơ��:k$���!�v��x$��q{�Y �J�=ZRi[���
"[8] Jogee's sentence was, however, reduced from 20 years to 18 years.[9]. The Commission refers cases where there is a real possibility that the conviction will not be upheld. By continuing to browse the site you are agreeing to our use of cookies. :^4�h�x�;1�� %c�Ž��*�.kXoC@��Ԗ�z2l���0zQ�u3%R���%��^���� �1"Y�O�bI�F�B���NXw�;.W��eϛ�C�ۺ6��{��U{�X.�Fց��1�^�k��1����Z�r�|���W�����Ȳ{Sϫ�������b^6�r�D�kX!��ɵ�-��$�^��ߢ�8�� ��t�>ZjV�f���ۜ�����UAi�E{��o���4W��� The UKSC judgment in R v Jogee [2016] UKSC 8 and the Privy Council judgment in Ruddock v The Queen [2016] UKPC 7 (“R v Jogee” or “the Jogee case”) overturned previous case law on joint enterprise. [7], The Court of Appeal approved the reasoning of the trial judge and the law as stated in Chan Wing-Siu. In this assistance or encouragement, did the defendant act with the requisite mental element of that offence? Now we want him home", "Victims' families 'devastated' by Supreme Court ruling on joint enterprise", http://wilberforcechambershull.co.uk/news-events/update-r-v-jogee-joint-enterprise-decision-from-the-supreme-court, "Ameen Jogee jailed for manslaughter in joint enterprise test case", "How a Landmark Supreme Court Decision Quashing Murder Conviction 'Changed Nothing, "Drugs gang jailed for more than 50 years", https://en.wikipedia.org/w/index.php?title=R_v_Jogee&oldid=967605435, Supreme Court of the United Kingdom cases, Creative Commons Attribution-ShareAlike License, Lord Neuberger, Lady Hale, Lord Hughes, Lord Toulson and Lord Thomas.
Under this ruling, there are two questions that must be asked in order to ascertain the guilt of a defendant on the basis of joint enterprise: To elaborate on this point their Lordships gave an example: a defendant encourages the principal to take another person's bicycle and then return it after use but the principal in fact keeps the bicycle. 677 0 obj <>/Filter/FlateDecode/ID[<4FF0FB50CFC5594D88C219B9DA4E4D72><745F62FCC12A7740962C689F680C221F>]/Index[662 33]/Info 661 0 R/Length 79/Prev 273364/Root 663 0 R/Size 695/Type/XRef/W[1 2 1]>>stream The full judgment will be available on the Court Service website (www.courtsni.gov.uk). Where, as in the Jogee cases, there has been no final determination by the Court of Appeal, the conviction can be set aside by seeking exceptional leave to appeal to the Court of Appeal out of time. The NICA did not consider that this is a moment to challenge conventional wisdom. Moreover, where a conviction has been arrived at by faithfully applying the law as it stood at the time, it can be set aside only by seeking exceptional leave to appeal to the Court of Appeal out of time.
Jogee unflinchingly asserts that the effect of putting the law right is not to render invalid all convictions which were arrived at over many years by faithfully applying the law as laid down in the previous authorities. I am not sure what it is about the British psyche but we do have a low tolerance for mistakes. The job of the supreme court and the other courts underneath it is to create certainty. ,9W���#DGʿ�#�Iz��M Under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, a defendant may appeal against his conviction on indictment with the leave of the court, or if the trial judge grants within 28 days a certificate that the case is fit for appeal. The decisions departed from the well-established rule that the mental element required of a secondary party in a crime is an intention to assist or encourage the principal to commit the crime. cookie policy, The Court of Appeal today refused applications by six applicants to re-open appeals in light of the UK Supreme Court decision in. The NICA found no such unravelling threads in the authorities cited and held that Jogee’s case contains no material to persuade otherwise. Nevertheless, in setting out the applicable principles, Lord Bingham said (§4): Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. On the other side of the coin, where it can be shown that the application of the “old” approach was important on the facts, such that a correct application of the law might have produced a different result, then the conviction could be quashed. Watch Queue Queue. endstream endobj 668 0 obj <>stream h�b```��,������(���������*! R v Jogee – A Supreme Court betrayal. 0. comments feed. The Court held that the direction on joint enterprise was, if anything, favourable to Mr Bentley. If the Court allows an appeal where it thinks that the conviction is unsafe, it shall quash the conviction. However it does point to successive governments who since the 1980’s have refused to correct this injustice in what would have been a fairly small piece of legislation and relatively easy to implement. H���KO1 �{���9vM��]�X DVMV=&j!�>�B� 魙�7/1Q��1s Matrix Legal Support Service New Judgments ≈ 2 COMMENTS. A person convicted of any offence on a non-jury trial may appeal against his conviction without leave or a certificate. If a case is merely out of time, then an application can be made to the Court of Appeal to extend time. The judgment has been described as "a call for prosecutors, judges and juries to return to the close consideration of the evidence before them without the crutch of a blunt principle". The conventional wisdom has always been that if an appeal is unsuccessful (either because leave is refused or leave is granted and the appeal is dismissed), there is usually no opportunity for a further appeal even if the point to be argued is that new or fresh evidence has arisen.
endstream endobj 666 0 obj <>stream �X;]��;��&�(�!�wOλ i�v�,-4��mm�|OW0'qvX��tH�4�l���f{2�~���Q���c��^:��� ^���]4�!�#���x熆3 �/�a�Cߛ�?�^�Q>}����?����d�f�z�A��+3����"�u\cs6��p���-�GܝۅI1P�F�2�h�K6) �����4w�t�=K"��"��[�-�!J��|a! Share it. Andrew Ashworth describes the central question around joint enterprise in this way: What is the proper scope of criminal liability: how much involvement should be necessary, as a minimum? On 9 June 2011, Jogee and his co-defendant, Hirsi, spent the evening taking drugs and drinking alcohol causing their behaviour to become increasingly aggressive. The Supreme Court and the Privy Council unanimously allowed the appeals regarding challenges to the appellants’ convictions of joint enterprise for murder. For judgment, please download: [2016] UKSC 8
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