R v Jogee (Appellant)

Case summary

Case ID

UKSC/2015/0015

Parties

Appellant(s)

Ameen Hassan Jogee

Respondent(s)

The Crown

Intervener(s)

Just for Kids Law

Joint Enterprise Not Guilty by Association

Issue

Whether the prosecution must prove that a secondary offender, who encouraged the primary offender to commit some harm, foresaw the primary offender’s acquisition and use of a weapon for murder as “probable” rather than “possible” in order to establish joint enterprise.

Facts

On the night of 9 June 2011, at around midnight, the Appellant and his friend Hirsi visited the house of Naomi Reed ostensibly for the purpose of consuming drugs. During this visit, the Appellant picked up a large knife from the kitchen block saying that they should go and stab another man they knew. He was talked down from this and returned the knife. Miss Reid asked them to leave before Paul Fyfe, with whom she was having a sexual relationship, returned. They left. Hirsi returned shortly but was taken away by the Appellant an hour later. Both returned together at Miss Reid’s home at 2.23am. Hirsi went inside the house. The Appellant stayed outside at all stages, close to the front door, purportedly damaging Mr Fyfe’s car. There were angry exchanges between Mr Fyfe and Hirsi. Mr Fyfe went upstairs to put some clothes on, whereupon Hirsi went to the kitchen and took the knife. There were further heated exchanges. According to Miss Reid, although Mr Fyfe told them to leave, from outside the Appellant threatened to hit Mr Fyfe over the head with the brandy bottle in his hand. The Appellant was also “egging” Hirsi on to harm Mr Fyfe. Hirsi then stabbed Mr Fyfe with the kitchen knife resulting in Mr Fyfe’s death. The Appellant and Hirsi were both subsequently found guilty of murder and sentenced to life imprisonment. The Appellant appealed, amongst other grounds, on the basis that, in these circumstances, foresight of a mere possibility that Hirsi would use the kitchen knife with the intention of causing at least serious bodily harm to Mr Fyfe was not enough to found a conviction of murder as against him. The Court of Appeal dismissed this ground of the appeal.

Date of issue

13 January 2015

Judgment appealed

Linked cases

Judgment details

Judgment date

18 February 2016

Neutral citation

[2016] UKSC 8

Judgment links

Judgment summary

18 February 2016

Appeal

Justices

Lord Neuberger

Lady Hale

Lord Hughes

Lord Toulson

Lord Thomas

Hearing dates

Full hearing

Start date

27 October 2015

End date

28 October 2015

Half hearing

Start date

29 October 2015

End date

29 October 2015

Watch hearings

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