JOINT ENTERPRISE

willardexe

/ #8

2011-08-30 01:32

The complexities of the joint enterprise law are well documented.
Whatever one advocates as a solution will inevitably meet opposition in some quarters, but that must not deter us from finding a solution.
Lord Phillips and the law commission’s proposals for the much needed reform to the homicide law are interesting; however it does not formally address the issue of this.
“Is the defendant a murderer or not “it does address the level of culpability in murder 1-2 etc.2 meaning a mandatory life sentence is not a binding commitment as before. But it is quite clear that the public view is, a murderer should serve a life sentence at that view is highly unlikely to ever change.
Of the supposed 3 types of joint enterprise it is my view that only the joint principle type should be prosecuted as joint enterprise murder, and all other types be prosecuted under a new law of accessory’s that follow the American ethos as a maximum sentence of halve of the perpetrator or less. This would be more befitting the reality of their participation.