Joint Enterprise

No apology is made for returning to the vexed topic of joint enterprise in criminal law.  In November 2009 the BBC published an article following a Panorama programme about this subject.  Now Diane Abbott MP has raised the subject - see The Guardian 29th July.  Abbott refers to the case of Jordan Cunliffe who was one of three convicted of the murder of Mr Garry Newlove - the others were Adam Swellings and Stephen Sorton.  Jordan Cunliffe is partially sighted and that the prosecution accepted this at the time of the trial.  [This is not necessarily a fact which would exempt a person from liability but it could, depending on all the facts, be a very important consideration to the extent that it might cause a jury to doubt whether the person had engaged in a joint enterprise particularly in a case where the alleged joint enterprise arose almost spontaneously as opposed to some pre-planned event].  Abbott calls for a review of the law. 

The doctrine of joint enterprise is required but, as it is being currently applied, is capable of producing injustice. For earlier posts on  this subject see Joint Enterprise 1 and Joint Enterprise 2  Armel Gnango case.  Reform is necessary and ought to be carried out with a degree of urgency.