Wednesday, 14 October 2015
Forthcoming important cases ~ Supreme Court and Judicial Committee of the Privy Council
I am not entirely sure but this may be the very first time that the Supreme Court of the UK and the Judicial Committee of the Privy Council have sat together in this way. The court will comprise: Lord Neuberger (President of the Supreme Court) who sits with Justices of the Supreme Court - Lords Kerr, Hughes, Toulson. The 5th member of the court is to be Lord Thomas - Lord Chief Justice of England and Wales.
The question for the court in Jogee is - "Whether the prosecution must prove that a secondary offender, who encouraged the primary offender to commit some harm, foresaw the primary offender's acquisition and use of a weapon for murder as "probable" rather than "possible" in order to establish joint enterprise."
In Ruddock the issue is "Whether the appellant's conviction for joint enterprise murder is unsafe."
This blog contains a number of earlier posts about Joint Enterprise liability - see, for example, Joint Enterprise (3) - 9th July 2014
There is also an interesting post at Matters Criminal 5th September 2015 - and this contains useful links to other material.
More information about the Jogee and Ruddock cases is available at:
Jogee - Full case details
Ruddock - Full case details
CPS - Joint enterprise charging decisions - Guidance 2012
Joint Enterprise Murder - Felicity Gerry QC - Crime and Justice Weekly March 2015
and see University of Reading - Mens rea in Joint Enterprise: a role for endorsement?