Jackson, R v [2019] EWCA Crim 1461 (7 August 2019)

Jackson, R v [2019] EWCA Crim 1461 (7 August 2019)

The jury was properly directed to be sure that the applicant intended to kill or cause really serious injury; Jogee does not assist a defendant convicted on that basis. No substantial injustice is demonstrated to justify exceptional leave to appeal out of time.

Citation
[2019] EWCA Crim 1461
Parties
Prosecution: Regina; Applicant: Mark Anthony Jackson
Jurisdiction
England and Wales
Judgment Date
07 August 2019
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Joint Enterprise, Murder, Appeal Out of Time, Secondary Participation
Criminal Law Joint Enterprise Murder Appeal Out of Time Secondary Participation

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Parties

Regina

Prosecution

Mark Anthony Jackson

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the change in law on joint enterprise in R v Jogee justifies exceptional leave to appeal out of time against conviction for murder
  2. 2 Whether the jury's verdict would have been different under the law as restated in Jogee

Ratio Decidendi

The jury was properly directed to be sure that the applicant intended to kill or cause really serious injury; Jogee does not assist a defendant convicted on that basis. No substantial injustice is demonstrated to justify exceptional leave to appeal out of time.

Court Disposition

application refused

Orders

  • renewed application for extension of time and leave to appeal against conviction is refused