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Murder law misinterpreted for 30 years Murder law misinterpreted for 30 years
(35 minutes later)
A law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for 30 years, the Supreme Court has ruled. The law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for more than 30 years, the Supreme Court has ruled.
Joint enterprise law has been used to convict defendants if they "could" have foreseen that someone "might" intend to seriously harm or kill another person. The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates.
However, judges ruled it was wrong to treat "foresight" as a sufficient test.However, judges ruled it was wrong to treat "foresight" as a sufficient test.
The ruling could pave the way for hundreds of prisoners to seek appeals. Their decision could pave the way for hundreds of prisoners to seek appeals.
It came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who was convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011. It will apply in England, Wales and Northern Ireland, but not Scotland, which has its own rules on joint enterprise.
The court heard that Jogee "egged on" his friend Mohammed Hirsi, who stabbed Mr Fyfe in the heart. 'Wrong turn in 1984'
Both men were given life sentences for murder. The ruling came after a panel of five Supreme Court judges considered the case of Ameen Jogee, who had been convicted under joint enterprise of the murder of former Leicestershire police officer Paul Fyfe in 2011.
The court heard that Jogee had "egged on" his friend Mohammed Hirsi, who stabbed Mr Fyfe in the heart. Both men received life sentences for murder.
Jogee had argued he was not inside the house where the incident took place, and could not have foreseen what his friend intended to do.
Delivering the judgement, Lord Neuberger said it was wrong to treat "foresight" as a sufficient test to convict someone of murder.
"This court is always very cautious before departing from a previous decision of the House of Lords or the Supreme Court," he said.
"But in this case the court is satisfied after a much fuller review of the law than in the earlier cases, that the courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right."
BBC legal affairs correspondent Clive Coleman said the ruling did not mean those convicted under joint enterprise would automatically be able to appeal.
They would have to show that they have suffered "substantial injustice", he said.