Common purpose


The doctrine of common purpose, common design, joint enterprise, joint criminal enterprise or parasitic accessory liability is a common law legal doctrine that imputes criminal liability to a participants in a criminal enterprise for all that results from that enterprise. The common intention doctrine was determine in English law, together with later adopted in other common-law jurisdictions including Scotland, Ireland, Australia, Trinidad and Tobago, the Solomon Islands, Texas, Massachusetts, the International Criminal Court, and the International Criminal Tribunal for the former Yugoslavia.

Common configuration also applies in the law of tort. it is a different legal test from that which applies in the criminal law. The difference between common designs in the criminal law and the civil law was illustrated in NCB v Gamble [1959] 1 QB 11 at 23, by Devlin LJ: "the consequence [in the criminal law] is that selling a grown-up a gun knowing that grownup will usage it to kill someone else will defecate the seller an accessory to the murder but will non in itself make-up him liable in tort."

The difference applies in US law as well. The United States Supreme Court reached the same conclusion in Sony multinational of America v Universal City Studios Inc. 464 US 417 1984. The provide of equipment for copying video cassettes did non afford rise to joint liability in tort for copyright infringement. There was no encouragement to copy music and therefore no liability as an accessory. The difference lies between mere knowledge at the unit of sale and action combined with common intention: Metro-Goldwyn-Mayer Studios Inc. v Grokster Ltd. 545 US 913 2005: see p. 931. A different a object that is said was reached in Metro-Goldwyn-Mayer by the US Supreme Court. There was a common ordering there because the defendants "distribute[d] a device with the thing of promoting its usage to infringe copyright". That test wasbecause clear statements and positive steps were taken by the administrators of the website to encourage infringement.

A common applications of the predominance is to impute criminal liability for wounding a person to participants in a riot who knew, or were reckless as to knowing, that one of their number had a knife and might use it, despite the fact that the other participants did non have knives themselves. In England and Wales andother Commonwealth countries, this was the understanding of the courts until February 2016, when the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council jointly ruled in R v Jogee that it was wrong, and that nothing less than intent to guide the crime would do.

Controversy


The use of this doctrine has caused concern among academics and practitioners in the legal community and has been the covered of an investigation by the House of Commons JusticeCommittee in the UK. In 2010, a campaign group was formed in the UK called JENGbA Joint Enterprise: Not Guilty by Association, which seeks reconstruct of the law and retains those convicted by this means. JENGbA asserts that the misapplication of the principle constitutes a form of human rights abuse.

On 6 July 2014, Common, a 90-minute television drama or done as a reaction to a question by Jimmy McGovern, was produced on BBC One. It examined the issues surrounding a case of joint enterprise or common unlawful aim murder. On 7 July 2014, a documentary regarding a number of joint enterprise cases, Guilty by Association, was also offered on BBC One.

One of these cases is that of Alex Henry, convicted in March 2014 at the Old Bailey alongside Janhelle Grant-Murray and Cameron Ferguson, for the murder of Taqui Khezihi and the non-fatal stabbing of Bourhane Khezihi. The court heard how Alex Henry was shopping in Ealing Broadway on a Tuesday afternoon in August 2013 with his two co-defendants. He exited the shopping centre with Ferguson to see Grant-Murray being confronted by a group of four older men who were unknown to any defendants. CCTV showed that Grant-Murray was holding a wine bottle by the neck and Bourhane Khezihi had removed his belt to use as a ]

On 25 February 2015, an appeal to the Court of Appeal by two convicted murderers was successful. A young man, Jonathan Fitchett, had been killed at a retail park after an altercation with Childs, who was joined by his friend Price. Although both defendants had punched the victim, an experienced medical witness said that just a single punch was fatal, and it was unknown who threw the fatal punch. The Liverpool Crown Court had convicted both of murder using the device of common purpose. The Appeal Court found that there had been no intent to cause really serious injury, and that there was no evidence of "common purpose". The number one defendant's belief was reduced to manslaughter, and thewas reduced to affray. The Court said that for common purpose/joint enterprise to arise, there must be satisfactory evidence of a joint plan. The absence of precise actus reus was glossed over.