Religion and Ethics Forum

General Category => Politics & Current Affairs => Topic started by: Hope on February 18, 2016, 05:23:00 PM

Title: Joint enterprise
Post by: Hope on February 18, 2016, 05:23:00 PM
http://www.bbc.co.uk/news/uk-35598896

If it has been misinterpreted for 30 odd years, how should it be interpreted? 

Furthermore, wouldn't the legal precedence is established interpretation of a published piece of legislation an integral part of the process?  How can that precedent be overturned in this way?
Title: Re: Joint enterprise
Post by: wigginhall on February 18, 2016, 05:38:57 PM
I wondered if this would ever appear over the horizon, as there have been some troubling cases in recent years, where gang members have been found guilty of murder, despite not touching the victim, or going near him.   I think the recent case was where somebody wasn't even in the same room. 

I don't know how much it will invalidate previous cases, or inhibit future ones, but I guess there will have to be a stronger case, to prove murder, than just loitering.

Title: Re: Joint enterprise
Post by: Hope on February 25, 2016, 04:23:50 PM
I wondered if this would ever appear over the horizon, as there have been some troubling cases in recent years, where gang members have been found guilty of murder, despite not touching the victim, or going near him.   I think the recent case was where somebody wasn't even in the same room. 

I don't know how much it will invalidate previous cases, or inhibit future ones, but I guess there will have to be a stronger case, to prove murder, than just loitering.
I listened to the lawyer who was putting the appeal forward, and he admitted that his client had encouraged the actual killer to stab the victim.  Not sure that I'd call that loitering.
Title: Re: Joint enterprise
Post by: Sebastian Toe on February 25, 2016, 11:22:50 PM
I listened to the lawyer who was putting the appeal forward, and he admitted that his client had encouraged the actual killer to stab the victim.  Not sure that I'd call that loitering.
What would you call it then?
Title: Re: Joint enterprise
Post by: Hope on February 26, 2016, 08:31:08 AM
What would you call it then?
Encouragement!!  I believe that, in law, this counts as involvement
Title: Re: Joint enterprise
Post by: Sebastian Toe on February 26, 2016, 11:44:05 AM
Encouragement!!  I believe that, in law, this counts as involvement
Not a good thing to be doing then do you think?