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Miscarriages of Justice

Court of Appeal refuses to re-open appeals for murder convictions based on new joint enterprise law

You may remember that in the March Edition of the Update, we reported the case R v Jogee, Ruddock v The Queen [2016] UKSC 8.  This case, which was decided in the Supreme Court, set aside murder convictions based on joint enterprise by overturning previous decisions.  It was ruled that the secondary party must intend to assist or encourage someone to commit the crime in order to secure a conviction.  Foresig

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Criminal Law, Miscarriages of Justice

No compensation for reversed conviction, because ground not new or newly discovered fact

In the matter of an Application by Gerard Magee [2016] NICA 19

The Court of Appeal ruled that the Department of Justice was entitled to refuse compensation to a man under Section 133(1) of the Criminal Justice Act 1988, because the reversal of his decision was not on the ground of a new or newly discovered fact, but on the passing of the Human Rights Act 1998.

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Miscarriages of Justice

Supreme Court rules that joint enterprise law was misinterpreted for thirty years

The cases heard were appeals against murder convictions which had been based on the principle of joint enterprise.  The appellants alleged that the cases of Chan Wing-Siu (1985) and Powell and English (1999) and the cases which followed them had been wrongly decided.

In Jogee’s case, it was alleged that he encouraged his co-defendant to commit murder, although he was not inside the house when the incident took place. 

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Criminal Law, Miscarriages of Justice

Miscarriages of Justice

With the death of Gerry Conlon, a member of the Guildford Four, on 22nd June, it is apt to reflect upon recent miscarriages of justice cases.

The MoJ has refused to pay compensation to Victor Nealon, who was wrongly imprisoned for 17 years before being freed on appeal.

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Local Developments, Miscarriages of Justice