Johnson & Ors, R. v (Rev 1)

Johnson & Ors, R. v (Rev 1)

The court held that, in each case, the jury's factual findings and the evidence established that the applicants and appellants participated in planned violent attacks with the necessary intent or conditional intent to cause really serious harm or death. Therefore, even if the jury had been directed according to the law as clarified in Jogee, the outcome would have been the same. No substantial injustice was demonstrated, and the convictions were safe. Applications to add Jogee grounds or for exceptional leave were refused.

Parties
Respondent: Regina; Appellant: Lewis Johnson; Appellant: Asher Johnson; Appellant: Jerome Green; Applicant: Reece Garwood; Applicant: Tyler Winston Burton; Applicant: Nicholas Terrelonge; Applicant: Queba Moises; Applicant: John Derek Hore; Appellant: Javed Ruhel Miah; Applicant: Mohammed Saijaad Hussain; Applicant: Fahim Khan; Appellant: Rubel Miah; Applicant: Michael Hall; Intervener: Joint Enterprise: Not Guilty by Association
Jurisdiction
England and Wales
Judgment Date
31 October 2016
Procedural Posture
Criminal Appeal / Appeal From Crown Court Convictions, Multiple Applications for Leave to Appeal, Some in Time, Some Out of Time, With Additional Grounds Based on R V Jogee
Outcome
Applications to add Jogee grounds and for exceptional leave refused; convictions upheld; appeals against sentence on remand time allowed where applicable; other sentence appeals adjourned.
Legal Topics
Joint Enterprise, Parasitic Accessory Liability, Murder, Manslaughter, Appeals Out of Time, Change of Law, Substantial Injustice, Directions to Jury
Criminal Law Joint Enterprise Parasitic Accessory Liability Murder Manslaughter Appeals Out of Time Change of Law Substantial Injustice +1 more

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Parties

Regina

Respondent

Lewis Johnson

Appellant

Asher Johnson

Appellant

Jerome Green

Appellant

Reece Garwood

Applicant

Tyler Winston Burton

Applicant

Nicholas Terrelonge

Applicant

Queba Moises

Applicant

John Derek Hore

Applicant

Javed Ruhel Miah

Appellant

Mohammed Saijaad Hussain

Applicant

Fahim Khan

Applicant

Rubel Miah

Appellant

Michael Hall

Applicant

Joint Enterprise: Not Guilty by Association

Intervener

Procedural Posture

Criminal Appeal / Appeal From Crown Court Convictions, Multiple Applications for Leave to Appeal, Some in Time, Some Out of Time, With Additional Grounds Based on R V Jogee

Legal Issues

  1. 1 Whether convictions for murder based on pre-Jogee joint enterprise law are unsafe in light of the Supreme Court decision in R v Jogee
  2. 2 Whether exceptional leave to appeal out of time should be granted where the law has changed
  3. 3 Whether the directions to the jury were adequate and compliant with current law

Ratio Decidendi

The court held that, in each case, the jury's factual findings and the evidence established that the applicants and appellants participated in planned violent attacks with the necessary intent or conditional intent to cause really serious harm or death. Therefore, even if the jury had been directed according to the law as clarified in Jogee, the outcome would have been the same. No substantial injustice was demonstrated, and the convictions were safe. Applications to add Jogee grounds or for exceptional leave were refused.

Court Disposition

Applications to add Jogee grounds and for exceptional leave refused; convictions upheld; appeals against sentence on remand time allowed where applicable; other sentence appeals adjourned.

Orders

  • Leave to add Jogee grounds refused for all applicants and appellants.
  • Convictions for murder and related offences upheld for all parties.