Joint Enterprise in UK Law

Leading Cases
  • R v Anderson; R v Morris
    • Court of Criminal Appeal
    • 02 May 1966

    He would put the principle of law to be invoked in this form: that where two persons embark on a joint enterprise, each is liable for the acts done in pursuance of that joint enterprise, that that includes liability for unusual consequences if they arise from the execution of the agreed joint enterprise but (and this is the crux of the matter) that if one of the adventurers goes beyond what has been tacitly agreed as part of the common enterprise, his co-adventurer is not liable for the consequences of that unauthorised act.

  • Ian Brown and Another v The State
    • Privy Council
    • 29 January 2003

    The simplest form of joint enterprise, in the context of murder, is when two or more people plan to murder someone and do so. If both participated in carrying out the plan, both are liable. It does not matter who actually inflicted the fatal injury. This might be called the paradigm case of joint enterprise liability. The most common example is a planned robbery, in which the participants hope to be able to get what they want without killing anyone, but one of them does in fact kill.

  • R v S (MN) and Others
    • Court of Appeal (Criminal Division)
    • 15 July 2010

    Further, as a matter of principle, the liability of D2 in the third type of joint enterprise scenario, here under discussion, rests, as all these citations show, on his having continued in the common venture of crime A when he realises (even if he does not desire) that crime B may be committed in the course of it.

  • R v Mendez (Reece) and Others
    • Court of Appeal (Criminal Division)
    • 22 March 2010

    In our judgment the proposition stated in paragraph 45 is both sound in principle and consistent with Powell and English and Rahman. It would not be just that D should be found guilty of the murder of V by P, if P's act was of a different kind from, and much more dangerous than, the sort of acts which D intended or foresaw as part of the joint enterprise.

  • R v Powell (Anthony Glassford); R v English (Philip); R v Daniels (Antonio Eval)
    • House of Lords
    • 30 October 1997

  • R v O'Flaherty (Errol Carlton) ; R v O'Flaherty ;R v Ryan; R v Toussaint
    • Court of Appeal (Criminal Division)
    • 10 March 2004

    Accordingly, we consider, as this Court did in R v Mitchell and King (1998) 163 JP 75 that the jury should have been directed that that they must be satisfied (a) that the fatal injuries were sustained when the joint enterprise was continuing and that the defendant was still acting within that joint enterprise, and (b) that the acts which caused the death were within the scope of the joint enterprise.

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Legislation
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Books & Journal Articles
  • Joint Enterprise
    • No. 79-5, October 2015
    • Journal of Criminal Law, The
    • 0000
    All forms of secondary liability require justification as an exception to the rule that one should not be held criminally liable for the actions of another. Such a justification is particularly dif...
  • Joint Enterprise Murder
    • No. 80-3, June 2016
    • Journal of Criminal Law, The
    • 0000
    The law on joint enterprise murder has been harsh on secondary parties and in R v Jogee the Supreme Court attempts to alleviate this harshness by reversing an incomplete and erroneous reading of th...
  • Joint Criminal Enterprise
    • No. 73-4, July 2010
    • The Modern Law Review
    The doctrine of joint criminal enterprise is in disarray. Despite repeated judicial scrutiny at the highest level, the doctrine's scope, proper doctrinal basis and function in relation to other mod...
  • Joint Enterprise Liability as Omissions
    • No. 80-2, April 2016
    • Journal of Criminal Law, The
    • 0000
    This article argues that joint enterprise liability should be conceptualised under the doctrine of omissions as conceived in the recent case of Evans. As such, liability under joint enterprise is t...
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Law Firm Commentaries
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