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Flashcards in Joint criminal enterprise Deck (5)
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1
Q

What is JCE?

A
  • Both people are convicted as principle offenders
2
Q

Privy council in chan wing-siu 1985

A
  • It is sufficient to find a conviction for murder for a secondary party to have realised that in the course of the joint enterprise the primary party might act with intent to kill or cause GBH
  • 3 participants went to collect debt with knifes and V was stabbed by one of the D’s
  • Chan could forsee the stabbing could have happened and so was guilty for that as well
  • This was the law until 2016
3
Q

What is Plain Vanilla JCE?

A
  • Where A and B commit an act together and are therefore both principled offenders
4
Q

What is Parasitic Accessory JCE?

A
  • More controversial where A and B agree to commit a crime but A kills someone in the process that B did not intend
  • Should they both be liable for murder
5
Q

Jogee 2016 (Current law)

A
  • D and others out drinking and went to girls house who kicked them out after a while for being too drunk.
  • Ex police BF came home and D went back to the house and they agreed to threaten the BF
  • The other guy stabbed the BF and therefore went beyond the JCE
  • D was originally convicted because of law set out in Chan
  • It was decided that guilt by association played no proper part in the common law and so his conviction was quashed
  • ’ If a crime requires a particular intent the D must intend to assist or encourage the other to act with such intent to be guilty’