R v Jogee [2016] UKSC 8

Introduction

R v Jogee [2016] UKSC 8 is a landmark case in criminal law that fundamentally reformed the law of joint enterprise (also known as parasitic accessory liability). The Supreme Court held that the law of joint enterprise had taken a wrong turn in Chan Wing-Siu v The Queen (1985) and that the correct approach requires proof of intention to assist or encourage the commission of the principal offence, not merely foresight that the principal might commit it.

The Facts

The appellant, Jogee, was convicted of murder following a joint enterprise with another man, Hirsi, who stabbed the victim. The trial judge directed the jury that Jogee could be liable for murder if he foresaw that Hirsi might cause death with intent to cause grievous bodily harm. The Supreme Court granted permission to appeal on the basis that the law of joint enterprise required reconsideration.

The Judgment

The Supreme Court held that the rule in Chan Wing-Siu had been wrongly decided and that the law had taken a wrong turn. The correct approach requires that the secondary party intend to assist or encourage the principal to commit the offence with the required mens rea. Foresight of what the principal might do is evidence from which intention may be inferred, but it is not conclusive proof of intention.