Jimmy McGovern’s new one-off BBC drama, Common, seeks to highlight the controversies of the Joint Enterprise doctrine…
Feature
In 1846, two men named John Swindall and James Osborne engaged in a cart race on a public road that caused the death of a pedestrian. Only one vehicle had killed the victim, but as both had encouraged the other to drive dangerously, Swindall and Osborne were judged to be acting on a common intention and were both charged with manslaughter. The case ushered in the Joint Enterprise doctrine in English law, whereby two or more people who agree to commit a crime together are liable for the criminal actions of other members of their group.
Joint Enterprise. It sounds like a judicious scheme. Why should members of a group who set out with the common goal of murder evade justice only because they didn’t - or it couldn’t be...
Feature
In 1846, two men named John Swindall and James Osborne engaged in a cart race on a public road that caused the death of a pedestrian. Only one vehicle had killed the victim, but as both had encouraged the other to drive dangerously, Swindall and Osborne were judged to be acting on a common intention and were both charged with manslaughter. The case ushered in the Joint Enterprise doctrine in English law, whereby two or more people who agree to commit a crime together are liable for the criminal actions of other members of their group.
Joint Enterprise. It sounds like a judicious scheme. Why should members of a group who set out with the common goal of murder evade justice only because they didn’t - or it couldn’t be...
- 7/1/2014
- by louisamellor
- Den of Geek
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