R v Jogee: The impact of the Supreme Court and Privy Council's guidance on Joint Enterprise.
R v Jogee  UKSC 8
This decision confirms that the courts took a wrong turning at the time of R v Powell & English and Chang Wing-Siu v The Queen.
This case will be of particular importance for cases of murder and Joint enterprise.
The ratio of this decision is that where Defendant 1 commits another crime during the course of an ongoing criminal enterprise, mere foresight on the part of a co-accused (Defendant 2) that Defendant 1 might act as he did, and with the requisite intention, together with the continuation of Defendant 2 to participate in an ongoing criminal activity, is not sufficient to establish the mens rea of for Defendant 2 in the crime then committed by Defendant 1.
It must be proved that Defendant 2 had the requisite intention. Defendant 2’s foresight of what Defendant 1 might do may be evidence of this, but it is not sufficient in itself to found guilt.