Joint criminal enterprise

Question 1

What is JCE?

Answer 1

• Both people are convicted as principle offenders

Question 2

Privy council in chan wing-siu 1985

Answer 2

• 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

Question 3

What is Plain Vanilla JCE?

Answer 3

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

Question 4

What is Parasitic Accessory JCE?

Answer 4

• 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

Question 5

Jogee 2016 (Current law)

Answer 5

• 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’