UK JUDGES HAVE BEEN MISAPPLYING JOINT ENTERPRISE IN MURDER LAW FOR 30 YEARS

A law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for 30 years, the Supreme Court has ruled.

The joint enterprise law has been used to convict people in gang-related cases if defendants “could” have foreseen violent acts by their associates like the the 2010 murder of Sofyen Belamouadden where some 20 teenagers including 2 Nigerian youths originally faced murder charges. Although only 3 were found guilty of murder including Junior Bayode. Victoria Osoteku the other Nigerian was sentenced to 12 years for manslaughter.

However, judges ruled it was wrong to treat “foresight” as a sufficient test.

The ruling could pave the way for hundreds of prisoners to seek appeals.

It will apply in England, Wales and Northern Ireland, but not Scotland, which has its own rules on joint enterprise.

The decision came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who had been convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011.

The court heard that Jogee had “egged on” his friend Mohammed Hirsi, who stabbed Mr Fyfe in the heart.

Both men received life sentences for murder.

Source: BBC News


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