A crucial consequence of this judgment is now the effect it will have on others convicted under "Joint Enterprise" law and their potential for appeal.
GCN's Matthew Stanbury has written a blog considering the retrospective effect of Jogee : 18th February 2016 - Jogee: Joint Enterprise and Retrospective Effect (The Public Lawyer)
GCN's Mark George QC has also written a Blog in which he concludes:
"...what the SC has done in this case is to acknowledge not that the law was wrong and needed correction but that the courts interpretation of the law was wrong. It is that misinterpretation that has been corrected not the substantive law itself. In those circumstances what the SC has said about fresh appeals seems to me to be open to doubt. If people have been convicted of murder when on the law as it stood at the time they should not have been convicted of anything more than manslaughter that is an obvious miscarriage of justice that the courts should be keen to correct. "
Full blog post: 24th February 2016 - Fresh appeals after R v Jogee - (mmchgeorge99 blog of Mark George QC).
Mark George QC, Nina Grahame and Matthew Stanbury are members of our Appeals and Miscarriages of Justice Team .
Garden Court North invites those seeking advice on pending cases or appeals to contact our clerks Sarah Wright or Annmarie Nightingale on 0161 817 6377.