Not really a Jogee case (but then neither was Jogee...) - R v Smith (James Alexander) [2023] NICA 31

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Krebs, B. (2024) Not really a Jogee case (but then neither was Jogee...) - R v Smith (James Alexander) [2023] NICA 31. Journal of Criminal Law. ISSN 0022-0183 doi: 10.1177/00220183241272299

Abstract/Summary

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.

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Item Type Article
URI https://reading-clone.eprints-hosting.org/id/eprint/117820
Identification Number/DOI 10.1177/00220183241272299
Refereed Yes
Divisions Arts, Humanities and Social Science > School of Law
Publisher Sage Journals
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