R v Johnson (Lewis) [2016] EWCA Crim 1613

Facts

  • R v Johnson (Lewis) [2016] EWCA Crim 1613 concerned a fatal stabbing that occurred during a group incident.
  • The appellant's actions and statements before and during the event were examined.
  • The court considered the group's behavior and the relationships between individuals involved in the incident.
  • The case was decided shortly after R v Jogee [2016] UKSC 8, which had revised the law on joint enterprise liability.
  • Johnson (Lewis) was used as a test case to provide guidance on the application of the new approach following Jogee.

Issues

  1. Whether secondary liability could be established under the revised Jogee principles, requiring intent to assist or encourage the principal offender, as opposed to merely foreseeing the possibility of the offense.
  2. What evidence is necessary to demonstrate participation in a common plan for the purposes of joint enterprise liability after Jogee.
  3. How courts should interpret and apply the new intent-focused test in real cases involving group criminal activity.

Decision

  • The Court of Appeal affirmed that intention to assist or encourage the principal offender in committing the specific crime is required for secondary liability.
  • The previous test of mere foresight as sufficient was rejected; foresight may only be evidence, not proof, of intent.
  • The court instructed that juries should look for evidence of a common plan or shared intent, as shown by words, conduct, or both.
  • Rigorous examination of evidence in context was emphasized, including considering group interactions and each individual's role.
  • The court provided clear instructions on applying Jogee’s requirements for intent and participation in joint enterprise cases.

Legal Principles

  • Secondary liability in joint enterprise now requires proof that the accused intended to assist or encourage the principal offender to commit the specific offense.
  • Mere awareness or foresight that an offense may occur is insufficient for conviction.
  • Evidence should demonstrate a shared plan or agreement, evidenced by words and/or conduct.
  • Convictions based solely on the outdated foresight test are subject to re-examination.
  • The law prioritizes individual responsibility and fairer outcomes in group crime contexts.

Conclusion

Johnson (Lewis) reaffirmed and clarified the approach established in Jogee for secondary liability in joint enterprise cases, requiring proof of intent to assist or encourage the principal offender and a genuinely shared plan, thus marking a significant shift towards stricter and fairer standards in criminal liability for group offenses.

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