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Judges reject 'joint enterprise' challenge Judges reject challenge to 'joint enterprise' convictions
(35 minutes later)
Judges have refused to overturn guilty verdicts in a "joint enterprise" challenge by men convicted of group attack murders. Judges have refused to overturn guilty verdicts against 13 men convicted using the law of "joint enterprise".
The test cases were brought after the Supreme Court ruled in February the law had been interpreted wrongly for more than 30 years. The test cases were brought after the Supreme Court ruled the controversial law had been interpreted wrongly for more than 30 years.
Judges then also ruled it was wrong to treat "foresight" as a sufficient test to convict a defendant under the law. It has allowed people to be convicted of murder even if they did not inflict the fatal blow, but "could" have foreseen violent acts by others.
There were shouts of "no justice, no peace" when the new judgment was made. There were shouts of "no justice, no peace" when the new judgement was made.
The test cases involved 13 men convicted of six separate crimes. The Supreme Court said in February it was wrong to treat "foresight" as a sufficient test to convict a defendant under the law and juries had to decide on the "whole evidence".
But in his judgement, Lord Neuberger said the decision did not automatically mean all previous joint enterprise convictions were unsafe.
'No difference'
The men bringing the test cases at the Court of Appeal were convicted of six separate crimes.
One case challenged the safety of the convictions of Tyler Burton and Nicholas Terrelonge, who were found guilty of murdering Ashley Latty in a group attack in Dagenham, east London in May 2014.One case challenged the safety of the convictions of Tyler Burton and Nicholas Terrelonge, who were found guilty of murdering Ashley Latty in a group attack in Dagenham, east London in May 2014.
Rejecting the appeal, Lord Chief Justice Lord Thomas said the Supreme Court judgement would "not have made a difference" to the jury's verdict in the trial and the convictions "were and are safe".Rejecting the appeal, Lord Chief Justice Lord Thomas said the Supreme Court judgement would "not have made a difference" to the jury's verdict in the trial and the convictions "were and are safe".
An appeal was also brought on behalf of Asher Johnson, his brother Lewis and Reece Garwood who were given life sentences for the murder of Thomas Cudjoe in Ilford, east London in November 2012. An appeal was also brought on behalf of Asher Johnson, his brother Lewis and Reece Garwood who were given life sentences for the murder of Thomas Cudjoe in Ilford, east London, in November 2012.
A fourth convicted man, Jerome Green, was seen in CCTV footage holding a knife and apparently stabbing Mr Cudjoe as he sat in the driver's seat of a car in a garage forecourt.A fourth convicted man, Jerome Green, was seen in CCTV footage holding a knife and apparently stabbing Mr Cudjoe as he sat in the driver's seat of a car in a garage forecourt.
Lawyers argued there was no evidence of common enterprise between his clients and Green and the images did not show they had been involved in a planned attack.Lawyers argued there was no evidence of common enterprise between his clients and Green and the images did not show they had been involved in a planned attack.
'Families in tears'
Rejecting the appeal, Lord Thomas said the verdicts would have been "no different" following the Supreme Court ruling.Rejecting the appeal, Lord Thomas said the verdicts would have been "no different" following the Supreme Court ruling.
He said the court was "satisfied that there was no injustice, let alone substantial injustice".He said the court was "satisfied that there was no injustice, let alone substantial injustice".
The decision to reject their cases was met with cries of protest by supporters of the men sitting in the public gallery at the Court of Appeal.The decision to reject their cases was met with cries of protest by supporters of the men sitting in the public gallery at the Court of Appeal.
The campaign group Joint Enterprise Not Guilty by Association (JENGBA) said families of those convicted by joint enterprise law had been left in tears by the decision. 'Distraught'
The campaign group Joint Enterprise Not Guilty by Association (JENGBA) said families of those convicted under the law had been left in tears by the decision.
Group co-founder Jan Cunliffe said: "Some of the families were very, very distraught and left the court room in tears.Group co-founder Jan Cunliffe said: "Some of the families were very, very distraught and left the court room in tears.
"I'm feeling numb, but we're determined to carry on, we're not going to stop.""I'm feeling numb, but we're determined to carry on, we're not going to stop."
She said the group was taking advice about the possibility of challenging the judgment in the Supreme Court. She said the group was taking advice about the possibility of challenging the judgement in the Supreme Court.
'Whole evidence' The Supreme Court ruling applies to England, Wales, Northern Ireland and most UK overseas common law territories but not Scotland, which has its own rules on joint enterprise.
The joint enterprise law means accomplices can be found guilty of murder even if they did not deliver the fatal blow that led to a death. At the time, campaigners said the change would make the law fairer, but some murder victims' relatives said they were worried about possible appeals.
It has been used to convict people in gang-related cases if defendants could have foreseen violent acts by their associates.
In February the Supreme Court said that this was being misinterpreted and juries had to decide on the "whole evidence".
The ruling applies to England, Wales, Northern Ireland and most UK overseas common law territories but not in Scotland, which has its own rules on joint enterprise.
In his judgement, Lord Neuberger said the decision did not automatically mean all previous joint enterprise convictions were unsafe.
Campaigners said the change would make the law fairer, but some murder victims' relatives said they were worried about possible appeals.