UK Supreme Court Appeal Sought for joint enterprise prisoner
Dr Felicity Gerry KC and Umar Shahzad instructed in appeal application
Felicity Gerry KC and Umar Shahzad are instructed in an application to appeal to the Supreme Court of the United Kingdom after a refusal of permission to appeal in joint enterprise murder.
The application argues that the decision in Hussain & Fiaz on 16 June 2023 wrongly lowers the conduct element and wrongly removes causation as well as creating a presumption of knowledge in joint enterprise murder. It is suggested that there has been a misinterpretation of the Accessories and Abettors Act 1861 and a failure to follow the UK Supreme Court decision in R v Jogee.
The consequence is punishment of those who make no contribution to the crime which leads to a grossly disproportionate sentence contrary to Art 3 and 7 ECHR . It is also argued that the refusal itself is a breach of Article 6 ECHR .
The application to appeal on questions of general public importance has been referred to the Registrar who has requested a reply by the prosecution.
A copy of the Application to the Supreme Court can be viewed here.
Felicity and Umar are instructed by Kamran Yousaf of Rees Clayton Solicitors Ltd.
