UK Supreme Court Appeal Sought for joint enterprise prisoner

Dr Felicity Gerry KC and Umar Shahzad instructed in appeal application

Published: 7th July 2023

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.