R v Jogee [2016] UKSC 8 was a 2016 judgment of the Supreme Court of the United Kingdom that reversed previous case law on joint enterprise.
The Supreme Court delivered its ruling jointly with the Judicial Committee of the Privy Council, which was considering an appeal from Jamaica, Ruddock v The Queen [2016] UKPC 7.
On 9 June 2011, Jogee and his co-defendant, Hirsi, spent the evening taking drugs and drinking alcohol causing their behaviour to become increasingly aggressive.
[3] After the second visit Reid sent Jogee a text asking him not to bring Hirsi back to her house in Rowlatts Hill but the men returned for a third time only minutes later.
[5] This direction accorded with the standard interpretation of the law regarding joint enterprise in the light of Chan Wing-Siu v The Queen [1985] AC 168.
[6] On this basis the appellant was found guilty of murder and was sentenced to life imprisonment and ordered to serve at least 20 years in prison before becoming eligible for parole.
Laws LJ stated that "The mental element, the mens rea, of the secondary party's crime is an appreciation that the primary actor might inflict grievous bodily harm and a willingness to lend his support notwithstanding.
[16] The judgment has been described as "a call for prosecutors, judges and juries to return to the close consideration of the evidence before them without the crutch of a blunt principle".
That court has power to grant such leave, and may do so if substantial injustice be demonstrated, but it will not do so simply because the law applied has now been declared to have been mistaken.
[32] A high-profile 2016 case in Manchester which resulted in 11 murder convictions on the basis of joint enterprise has been cited as further evidence of the limited impact of the decision.
[33][34] By 2021, only 2 of 103 appeals made with reference to Jogee had succeeded, prompting Felicity Gerry KC, who was lead counsel for Jogee at the Supreme Court, to criticise the Criminal Cases Review Commission for "ha[ving] taken the disappointing approach of accepting the injustices perpetuated by the court in choosing factual options to uphold wrongly achieved convictions".