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Until 2016, joint enterprise meant that if two people set out to commit an offence (e.g. robbery), and while doing so, one of them commits a different offence (e.g. murder), both will be guilty of the murder, if they had foreseen the possibility that it might be committed. e.g. did you know he was carrying a weapon. As a result there are a lot of "murderers" doing life for other people's killings. Simply being part of a gang and present was enough.
The Supreme Court decided a higher bar was needed. it said that a person will only be guilty of a joint enterprise offence if they intended to encourage or assist the person who committed the offence to do it. In this case we see a documented plan which establishes encouragement, and assistance. Unfortunately this evidence does need to be heard by the jury. to convict Girl X of murder.
based on the news so far, I'm not convinced this murder would have happened if either of them hadn't conspired with the other.
Btw - you do have the right to silence.
The Supreme Court decided a higher bar was needed. it said that a person will only be guilty of a joint enterprise offence if they intended to encourage or assist the person who committed the offence to do it. In this case we see a documented plan which establishes encouragement, and assistance. Unfortunately this evidence does need to be heard by the jury. to convict Girl X of murder.
Brianna Ghey: Teenager accused of murder 'found idea of killing 16-year-old exciting'
Girl X and boy Y, both 16, deny murder at Manchester Crown Court and blame each other for stabbing Brianna to death in Linear Park, in Culcheth, near Warrington.
news.sky.com
Btw - you do have the right to silence.
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