Joint Enterprise, Murder and Substantial Injustice: The First Successful Appeal Post-Jogee

Autor:	Beatrice Krebs
Rok vydání:	2018
Předmět:	Jury Threshold test Law media_common.quotation_subject Liability Appeal Verdict Conviction Joint (building) Psychology Injustice media_common
Zdroj:	The Journal of Criminal Law. 82:209-211
ISSN:	1740-5580 0022-0183
Popis:	This paper analyses the Court of Appeal decision in R v Crilly [2018] EWCA Crim 168. This was the first out-of-time appeal after R v Jogee in which the applicant succeeded in demonstrating ‘substantial injustice’ and having his murder conviction vacated. Although the judgment demonstrates that the Court remains faithful to its approach in R v Johnson and the high threshold test of ‘substantial injustice', Crilly suggests that if it can be shown that an applicant's case was in essence about foresight, the odd reference to intention might not prove fatal to demonstrating that had the jury been given Jogee-compliant directions on accessorial liability, this would have made a difference to their verdict.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::878ab4f8c35d10569a80158cf67c01a2 https://doi.org/10.1177/0022018318779644 Zobrazit plný text záznamu