In R v Jogee (2016), the Supreme Court expressly overruled the decision in R v Powell and English (1997), which had upheld the Privy Council decision in Chan Wing-Siu v R (1984). In Jogee, the Supreme Court ruled that the court in Chan Wing-Siu had ‘taken a wrong turn’.
The more relevant issue for A-level law is that of fault-based liability, which was analysed in Jogee. The case concerns the law on joint enterprise: when a number of people take part in a common criminal offence. This could be the result of a prior agreement by the participants to commit the offence or ‘the result of a sudden or spontaneous shared common intention’ (Loveless, J. Complete Criminal Law, 2008, p. 208).
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