Not Really a <i>Jogee</i> Case (but Then Neither Was <i>Jogee</i> …)

This is a case commentary on R v Smith [2023] NICA 31. The case resulted from the first CCRC referral of a historic joint enterprise conviction from Northern Ireland since the law was held to have taken a ‘wrong turn’ in Jogee. The case note argues that there is still much confusion about the kind of cases to which Jogee applies. It also argues that the continued usage of joint enterprise language is unhelpful and possibly positively detrimental in that it helps perpetuating the impression that Jogee has a wider scope of application than it has.

Authors

Publication Details

Journal
The Journal of Criminal Law
Published
2024-08-01
DOI
https://doi.org/10.1177/00220183241272299
Primary Topic
Legal Language and Interpretation
Type
article
Field-Weighted Citation Impact
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article

Not Really a Jogee Case (but Then Neither Was Jogee …)

Beatrice Krebs
The Journal of Criminal Law
Legal Language and Interpretation
article

Not Really a Jogee Case (but Then Neither Was Jogee …)

Beatrice Krebs
article en

Abstract

This is a case commentary on R v Smith [2023] NICA 31. The case resulted from the first CCRC referral of a historic joint enterprise conviction from Northern Ireland since the law was held to have taken a ‘wrong turn’ in Jogee. The case note argues that there is still much confusion about the kind of cases to which Jogee applies. It also argues that the continued usage of joint enterprise language is unhelpful and possibly positively detrimental in that it helps perpetuating the impression that Jogee has a wider scope of application than it has.

The Journal of Criminal LawVol. 88(4)
Openalex Percentile: Top 78%
Legal Language and Interpretation
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Not Really a <i>Jogee</i> Case (but Then Neither Was <i>Jogee</i> …) — Beatrice Krebs · The Journal of Criminal Law (2024) | TGRS Research Map | TGRS