Watching a story on TV tonight about Joint Enterprise or Common Purpose prosecutions.
On the basis of the fictional story and a few minutes research, the Law needs changing, or at least it's application.
Joint Enterprise Jimmy McGovern
Joint Enterprise Jimmy McGovern
I thought I knew more than this until I opened my mouth
Joint Enterprise Jimmy McGovern
Another program tonight, highlighting real crimes with real sentences.
Groups of youths guilty of murder, just for being there, or going with intent as a group, although, in one case the group broke up, the murder committed by a single member with a knife nobody else in the group knew existed.
Groups of youths guilty of murder, just for being there, or going with intent as a group, although, in one case the group broke up, the murder committed by a single member with a knife nobody else in the group knew existed.
I thought I knew more than this until I opened my mouth
Joint Enterprise Jimmy McGovern
Bruv;1459454 wrote: Another program tonight, highlighting real crimes with real sentences.
Groups of youths guilty of murder, just for being there, or going with intent as a group, although, in one case the group broke up, the murder committed by a single member with a knife nobody else in the group knew existed.
If the group go out with intent and one of the group carries out that intent then I would agree that all of the members were jointly and severally liable.
It becomes more problematic when the group has split up and, if the rest of the group did not know the one committing the murder was armed, I'd argue that the rest did not go out with the intent of murder.
In any event, they'd all be accessories.
Groups of youths guilty of murder, just for being there, or going with intent as a group, although, in one case the group broke up, the murder committed by a single member with a knife nobody else in the group knew existed.
If the group go out with intent and one of the group carries out that intent then I would agree that all of the members were jointly and severally liable.
It becomes more problematic when the group has split up and, if the rest of the group did not know the one committing the murder was armed, I'd argue that the rest did not go out with the intent of murder.
In any event, they'd all be accessories.
Joint Enterprise Jimmy McGovern
I am entirely with you.......but it is being used as a sledgehammer, and it is not what I feel is justice.
I will try and summarise the McGovern fictional play....
A young fellow was asked to give his elder brothers mate's a lift to the local Pizza shop.
The driver remained in the car, motor running, while the three went into the shop, the intention to 'sort out' somebody, while two were doing just that, the third guy picked a fight and stabbed an onlooker, killing him with a knife nobody else had knowledge of.
It gets complicated but......going to trial the 'Driver' had the option to be lumped together with 'Common Purpose' or 'Joint Enterprise' with the prospect of 20 plus years for murder, or to plead guilty to Conspiracy to Assault with a far lesser sentence, he naturally went for the guilty plea and recieved 7 years.
He was by any definition innocent.........the follow up progam Here
I will try and summarise the McGovern fictional play....
A young fellow was asked to give his elder brothers mate's a lift to the local Pizza shop.
The driver remained in the car, motor running, while the three went into the shop, the intention to 'sort out' somebody, while two were doing just that, the third guy picked a fight and stabbed an onlooker, killing him with a knife nobody else had knowledge of.
It gets complicated but......going to trial the 'Driver' had the option to be lumped together with 'Common Purpose' or 'Joint Enterprise' with the prospect of 20 plus years for murder, or to plead guilty to Conspiracy to Assault with a far lesser sentence, he naturally went for the guilty plea and recieved 7 years.
He was by any definition innocent.........the follow up progam Here
I thought I knew more than this until I opened my mouth
Joint Enterprise Jimmy McGovern
I'm catching up on some recorded programmes, and have nearly finished watching Common. Very, very moving, in parts, and no "winners"
Live the questions now. Perhaps you will then gradually, without noticing it, live along some distant day into the answers...Rainer Maria Rilke