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Author Topic: Joint enterprise  (Read 1607 times)

Hope

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Joint enterprise
« 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?
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wigginhall

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Re: Joint enterprise
« Reply #1 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.

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Hope

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Re: Joint enterprise
« Reply #2 on: February 25, 2016, 04:23:50 PM »
Quote from: 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.
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.
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Sebastian Toe

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Re: Joint enterprise
« Reply #3 on: February 25, 2016, 11:22:50 PM »
Quote from: Hope on February 25, 2016, 04:23:50 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?
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Hope

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Re: Joint enterprise
« Reply #4 on: February 26, 2016, 08:31:08 AM »
Quote from: Sebastian Toe on February 25, 2016, 11:22:50 PM
What would you call it then?
Encouragement!!  I believe that, in law, this counts as involvement
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Sebastian Toe

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Re: Joint enterprise
« Reply #5 on: February 26, 2016, 11:44:05 AM »
Quote from: Hope on February 26, 2016, 08:31:08 AM
Encouragement!!  I believe that, in law, this counts as involvement
Not a good thing to be doing then do you think?
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