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Jean-Yves Gilg

Editor, Solicitors Journal

R v Jogee: Supreme Court orders retrial in 'joint enterprise' case

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R v Jogee: Supreme Court orders retrial in 'joint enterprise' case

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Fresh jury to approach matter anew as court stresses need for a fair-trial

The Supreme Court has today issued an order directing that Ameen Jogee will be retried on the charge of murder or alternatively manslaughter.

In February, the UK's highest court ruled in the case of R v Jogee that the doctrine of joint enterprise had been 'wrongly interpreted' for over 30 years.

In 2012, Jogee was sentenced to life imprisonment at Leicester Crown Court under the doctrine for his alleged involvement leading to the death of Paul Fyfe.

The re-trial will take place at a Crown Court determined by a presiding judge of the South Eastern Circuit. Meanwhile, Jogee will remain in custody, pending his re-trial and any application for bail.

The Supreme Court stressed the 'upmost importance' of a fair trial despite the mass publicity the case has gained, which it said does not appear to prevent a just re-trial.

However, the court requested any details that could jeopardise the re-trial process such as the facts surrounding the death of Fyfe or the first trial of Jogee not to be publicised until the conclusion of the re-trial.

Further, neither the findings of the first jury nor any observations of the Supreme Court as to the interpretation of those findings should be of any relevance to the jury in the re-trial.

The Supreme Court made its decision to order the re-trial after submissions from the parties on the disposal of the appeal in the R v Jogee case.

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