Common law that makes no common sense but used against common people!
Updated: Aug 13, 2021
How can YOU be convicted of MURDER with nobevidence? Joint enterprise! a judge-made doctrine which allows for two or more people to be held equally accountable for the actions of another.
joint enterprise can be an effective tool for convicting those who have both ‘agreed’ on a specific course of action(s) yet it’s not clear exactly who did what!
The ‘act’ - of committing an offence in legal jargon is termed the ‘actus reus’. unlike all other criminal acts with joint enterprise it is not necessary for both parties (or more) to carry out the ‘act’! as Long as one person (b) had ‘knowledge’ of what ‘A’ would do then (b) is equally responsible for the act & any consequences that result from said act.
Unless (b) can prove he ‘withdrew’ from the agreement/act.
So. if me and you were out having a drink and a man started arguing with us!? If I got into a scuffle with the man and you didn’t join in the actual fight but simply said “go on John ‘hit him’ mate” then you are thought to be ‘encouraging’ me, and if the victim dies from his injuries then you will be charged with murder and held equally culpable. with simple presence at the scene considered as ‘encouragement‘.
now if you provided me with a weapon for me to use but you will not be there then yes, even I agree that joint enterprise can be effective and these principles of joint enterprise could work. Especially when there is a standard requirement for ‘evidence’ of intent. kid I give you a gun more than likely your going to hurt or al least scare somebody with it.
most court cases will only find a defendant guilty when sufficient EVIDENCE is produced before an open court! with joint enterprise the burden of proof or evidential bar is ‘lowered’ but only for secondary party.
when I disagree with the use of joint enterprise is when it is used to hoover up all those on the fringes of an offence! So say, when a friend has innocently picked up a friend who it later turns out has just killed somebody round the corner!?
ehen it’s used against a ‘group’ not a gang of CHILDREN. JENGbA have cases where kids have been linked to a murder simply due to fact they appeared on a music video with perpetrator (which needs adding was a music/rap video made with POLICE through their community initiative to get kids off the streets!
yes! One minute police are helping kids to make music videos only to then use them as evidence of GANG affiliation when it suits them! Facts like the kids have not met since is irrelevant! That’s when it’s wrong! what went wrong?
what went wrong is nothing short of disgraceful. especially in a profession based on virtues, principles!,accountability responsibility & diligence, Truth and equity should be the cornerstones of any court system!
however, in the case of Jogee (2016) the Supreme Court acknowledged that ‘the law had taken a wrong turn’!? It was held that the court had ‘misinterpreted’ their own judge made ‘common law principles!
now, after being on the wrong end of one of these occasions a ‘wrong turn’ is a little infuriating to be honest! The courts had used ‘possible foresight‘ (could you/I have ‘possibly foreseen’ the actions of my co-defendant!?) instead of actual EVIDENCE!
the Supreme Court clarified ‘possible foresight’ should amount to no more than evidence of “INTENTION” rather than actual intent!
using or interpreting the law so that foresight was sufficient to prove intent is just wrong! Unlawful even! The reality that I and many others endure(Ed) is that there was no need for the prosecution to find EVIDENCE of MY intention!
the truth is that the standard burden of proof in UK law was lowered for the secondary party! lowered! How did courts not realise such a substantial error in the very foundations of law! Law that they made! law that they use day in and day out!. It’s mind-boggling!
so, therefore, the courts have invariably been convicting people of the most heinous crimes with literally no evidence! My sentence was only a small one (20yr) compared to those I’ve seen with up to 35yr or more!
can you imagine this to be true!? Well it is! All of it!
so, how I hear you shout have the courts/judiciary remedied THEIR negligence!?? THEY HAVEN’T. No! Instead they further trounce all over already traumatised people! They simply utilise one of their many provisos which in this instance is their ‘substantial injustice test’ which has not been defined in anyway and to date I am the only person to satisfy this test from hundreds of cases I know to be more ‘unsafe’ than mine is; yet I’m still the only ONE!!?
this whole thing is simply WRONG! When those who read INTERPRET & apply the law
dont walk the walk but boy csn they talk the talk!
the facts are simply this! The judiciary have monumentally got it wrong! As explained! And, for ‘32yrs’ too! v
judge after judge! in case after case!! resulting in decades & DECADES of unlawful conviction and imprisonment; have so got it wrong!
sadly, because those who are suffering this nightmare are termed as criminals (albeit most are innocent) there is absolutely no public interest in it. like a serial killer that chooses prostitutes as his victims the courts similar know there won’t be much fuss or concern if a few criminals have been unlawfully convicted and sentenced to life imprisonmen!
in fact, I’d suggest that most of the public, educated by the horrific headline hunting media will be happy that ‘their’ off the streets!
WHATS THE ANSWER
the solution is to do what is recommended again and again! Wholesale reform of our homicide laws. it Is essentia! That out dated doctrines like joint enterprise are put on the statute footing!
all Pre Jogee (2016) cases must be granted leave to appeal. With the ‘substantial injustice test’ also being removed as a barrier to justice and equality for all!
children should not be sentenced to life sentences period! and the police, prosecution, and especially the courts must be solely concentrating on FACTS, EVIDENCE when seeking convictions!
allowing the lowering of the burden of proof for example should be an embarrassment to the legal system!
I only ask for justice! Fairness and equality for all.
locking innocent people up helps no-one! Especially the victims!