ACCESSORIES

Convictions for robbery and murder were not rendered unsafe by the admission into evidence of a co-accused’s guilty plea. The Court of Appeal also considered the impact on the convictions of the decision in R. v Jogee (Ameen Hassan) [2016] UKSC 8 in relation to the issue of joint enterprise.

[2017] EWCA Crim 268

The Northern Ireland Court of Appeal did not have jurisdiction to re-open six appeals against conviction arising out of the Supreme Court’s judgment in R. v Jogee (Ameen Hassan) [2016] UKSC 8 which clarified the law on accessory liability. Putting the law right did not render all convictions invalid which had been arrived at over many years by faithfully applying the law as had been laid down in previous authorities. The appropriate recourse was for the defendants to refer their cases to the Criminal Cases Review Commission.

[2016] NICA 40

The doctrine of parasitic accessory liability, laid down by the Privy Council in Chan Wing Siu v R. [1985] A.C. 168, could not be supported. The Supreme Court re-stated the principles concerning the liability of accessories or secondary parties.

[2016] UKSC 8

Under the parasitic accessory liability doctrine, a person could be convicted of murder where they had acted as an accessory in the joint enterprise of possession of a firearm that was used in the murder. Possession was not a unique offence requiring both participants to act as principals.

A judge had been wrong to withdraw joint enterprise accessory liability for murder from a jury as what might suffice for withdrawal in spontaneous and unplanned group violence did not necessarily suffice in planned group violence.

[2013] EWCA Crim 1512

Two men engaged in a gunfight against each other had a common intention to shoot and be shot at. Where one of the gunmen accidentally shot and killed a passer-by, the intended target was guilty of the passer-by’s murder, either by virtue of transferred malice, the target having aided and abetted his own attempted murder, or as a principal, having been a direct participant engaged by agreement in unlawful violence.

[2011] UKSC 59

The causal link between the appellant’s assistance to the perpetrator of a crime was not broken by a delay of 13 hours and indecision on the part of the perpetrator.

[2004] EWCA Crim 1231

The convictions of the defendants, in relation to a murder, were safe.

[2001] EWCA Crim 1594