Assessing the impact of the Supreme Court’s decision in R v Jogee through an exploration of the Jury’s Assessment of ‘Inferring Intention’ in Joint Enterprise cases.

Molloy, Jill (2017) Assessing the impact of the Supreme Court’s decision in R v Jogee through an exploration of the Jury’s Assessment of ‘Inferring Intention’ in Joint Enterprise cases. In: Third International Conference on Interdisciplinary Legal Studies 2017, 10-11th June 2017, Toronto, Canada. (Unpublished)

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Abstract

The UK Supreme Court in R v Jogee [2016] considered the doctrine of joint enterprise, in particular parasitic accessory liability, and concluded that the Privy Council in Chan Wing-Siu [1985] and the House of Lords in Powell and Daniels; English [1999] had taken a wrong turn in equating subjective foresight with intention. The UK Supreme Court, restoring the law to its prior position before these decisions, stated that subjective foresight was merely evidence from which a jury could infer that the secondary party intended to assist or encourage the commission of the further offence, one that was outside the agreed common purpose of the joint enterprise. The UK Supreme Court held that a secondary party should not automatically be liable for acts of a principal offender, acting outside of the agreed course of conduct, simply because they foresaw it as a possibility. This paper will evaluate the impact that this change has on the future of the doctrine of joint enterprise, by exploring the jury’s assessment of ‘inferring intention.’ The paper will review empirical studies focusing on the psychology of the jury’s assessment of intention, and the jury’s approach to, and perception of, certain kinds of evidence, to assess whether the change brought about by the UK Supreme Court’s decision in Jogee is likely to have an actual impact rather than merely a theoretical change.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Joint Enterprise, Inference of Intention, Evidence, Empirical Jury Study
Subjects: C800 Psychology
M100 Law by area
M200 Law by Topic
Divisions: Faculty of Business, Law and Social Sciences > School of Law
Depositing User: Jill Molloy
Date Deposited: 02 Nov 2017 13:56
Last Modified: 02 Nov 2017 13:56
URI: http://www.open-access.bcu.ac.uk/id/eprint/5202

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