So once again the feckless and liberal courts of the UK have let down the man in the street, by striking down the only protection from gang attack we still had. This was the law which has allowed people to be convicted of murder, even if they did not inflict the fatal blow i.e. We didn't need to prove which of the several blows raining down on the victim from the group of attackers was the fatal blow.
This joint enterprise law was brought in to mainstream after the (then usually black London) teen gangs took to mass attacks (usually on lone victims), either for the purposes of robbery, to teach them 'respect', or in revenge for something. Its use allowed those defendants who "could" have foreseen that violent acts by their associates which were likely to take place, to be charged with the end results of those violent acts.
Originally the law had been used to try and stamp out duelling after it had been declared illegal. The idea was that the seconds, doctors, and referee would all be able to be charged with the death of either participant in the duels. Of course duelling continued .... mainly amongst military officers until the mid Victorian period .... usually only with manslaughter charges for the victor, and no charges for the 'associates'.
In fact four Prime Ministers of the United Kingdom have engaged in duels, with two of them – Pitt and Wellington – still in office at the time of their duels.
Of course nowadays when several males (and sadly females as well) 'Stuck the boot in', then many victims are maimed permanently (life time brain damage is common in survivors), or even killed outright. The old defence was that no one could be tried for murder in these cases because the courts could rarely prove which of the assailants performed the death blow. The answer was the idea that when such an attack resulted in a death, then all who took part were guilty of the murder as they could each foresee that it was a likely result of them getting involved.
Now the supreme court has ruled that even this feeble defence was too strong, and that indeed for the last 30 years anyone convicted in such crimes may have been sentenced incorrectly.
So open the gates to hell .... the ambulance chasing legal leeches who comprise our lawyers these days, will most certainly encourage hundreds of prisoners to seek appeals (and of course 'compensation).
Amongst the cases are:
The only caveat against the likely appeals will be that they have to show that they have suffered "substantial injustice" i.e. were not likely to have been found guilty of murder with all the other case evidence .... but who will bet that the courts will apply that very strictly?
In the case of the scum Jogee, he was also found to be guilty of manslaughter during the original trial, and may also have been guilty of murder, so he may face another trial. But all things being equal, and with manslaughter sentences often being little more than a fraud or even traffic offence, then he could be walking free by the weekend, as he's been in prison longer than the normal parole for a manslaughter conviction.
Sadly we are passing this madness onto the Jamaicans, as well as UK overseas territories, as this ruling will apply to them as well because it was also heard by the Privy council.
We are a very broken Britain ... and it starts with those who are meant to protect us.
This joint enterprise law was brought in to mainstream after the (then usually black London) teen gangs took to mass attacks (usually on lone victims), either for the purposes of robbery, to teach them 'respect', or in revenge for something. Its use allowed those defendants who "could" have foreseen that violent acts by their associates which were likely to take place, to be charged with the end results of those violent acts.
35 Thugs in a Gang in Baildon - West Yorkshire, This Year. |
Originally the law had been used to try and stamp out duelling after it had been declared illegal. The idea was that the seconds, doctors, and referee would all be able to be charged with the death of either participant in the duels. Of course duelling continued .... mainly amongst military officers until the mid Victorian period .... usually only with manslaughter charges for the victor, and no charges for the 'associates'.
In fact four Prime Ministers of the United Kingdom have engaged in duels, with two of them – Pitt and Wellington – still in office at the time of their duels.
- William Petty, 2nd Earl of Shelburne fought a duel with Colonel William Fullarton (1780)
- William Pitt the Younger fought a duel with George Tierney (1798)
- George Canning fought a duel with Lord Castlereagh (1809)
- The Duke of Wellington fought a duel with Lord Winchilsea (1829)
The Duel Of The Duke of Wellington and the Earl of Winchilsea. |
Of course nowadays when several males (and sadly females as well) 'Stuck the boot in', then many victims are maimed permanently (life time brain damage is common in survivors), or even killed outright. The old defence was that no one could be tried for murder in these cases because the courts could rarely prove which of the assailants performed the death blow. The answer was the idea that when such an attack resulted in a death, then all who took part were guilty of the murder as they could each foresee that it was a likely result of them getting involved.
Now the supreme court has ruled that even this feeble defence was too strong, and that indeed for the last 30 years anyone convicted in such crimes may have been sentenced incorrectly.
So open the gates to hell .... the ambulance chasing legal leeches who comprise our lawyers these days, will most certainly encourage hundreds of prisoners to seek appeals (and of course 'compensation).
Amongst the cases are:
- Ameen Jogee who "egged on" his friend Mohammed Hirsi, who stabbed Leicestershire police officer Paul Fyfe to death in 2011 - his murder conviction has already been set aside - strike one.
- David Norris and Gary Dobson who were convicted under the same law for the murder of Stephen Lawrence. No doubt they will appeal - strike two.
- Three teenagers - Adam Swellings, Stephen Sorton and Jordan Cunliffe - were jailed for life for the murder of Garry Newlove after he confronted a group outside his house in Warrington, Cheshire in 2007. No doubt they will appeal - strike three.
- Andrew Taylor and Timmy Donovan beat an off duty police officer to death at his Christmas party in 2014 ... they never admitted who performed the death blow. No doubt they will appeal - strike four.
- Samantha Joseph lured Shakilus Townsend to a trap, where he was murdered by her boyfriend - they were both convicted of murder but now she will no doubt appeal - strike five.
- Another was when Five teenagers were given jail sentences totalling 76 years in 2011 over the killing of 15 year old Zac Olumegbon in 2010. No doubt they will appeal - strike six.
The only caveat against the likely appeals will be that they have to show that they have suffered "substantial injustice" i.e. were not likely to have been found guilty of murder with all the other case evidence .... but who will bet that the courts will apply that very strictly?
In the case of the scum Jogee, he was also found to be guilty of manslaughter during the original trial, and may also have been guilty of murder, so he may face another trial. But all things being equal, and with manslaughter sentences often being little more than a fraud or even traffic offence, then he could be walking free by the weekend, as he's been in prison longer than the normal parole for a manslaughter conviction.
Sadly we are passing this madness onto the Jamaicans, as well as UK overseas territories, as this ruling will apply to them as well because it was also heard by the Privy council.
We are a very broken Britain ... and it starts with those who are meant to protect us.
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