• Home
  • About Us
  • Join Libertas
  • Contact Us
+44 (0) 20 7036 0200
Shortlist 0
Libertas Chambers Logo
  • Expertise
  • Members
  • Clerks
  • Media
Menu
Home
Our Expertise
Business CrimeCriminal DefenceRegulatory LawCivil LitigationPublic Law & Human RightsPrivate ProsecutionsInternational Criminal Law
Our People
MembersClerks
About Us
Direct Public AccessEquality, Diversity & Corporate Social ResponsibilityInstructing Us & Terms of BusinessPro BonoPrivacy Policy & GDPR
Media Hub
Join Libertas
Contact Us
+44 (0) 20 7036 0200
Dr Felicity Gerry QC writes on race and joint enterprise murder for The Justice Gap
  1. Home
  2. Media Hub
  3. Dr Felicity Gerry QC Writes On Race And Joint Enterprise Murder For The Justice Gap

Dr Felicity Gerry QC writes on race and joint enterprise murder for The Justice Gap

Published: 3rd May 2022

Dr Felicity Gerry QC writes on race and joint enterprise murder for The Justice Gap with some suggested legal reform in England and Wales.

Read more here https://www.thejusticegap.com/why-race-is-an-issue-in-joint-enterprise-murder-and-what-are-the-solutions/

Related Articles
Dapinder Singh KC Secures Acquittal in Murder and Manslaughter Trial Dapinder Singh KC, instructed by Natasha McDermott of Carters Solicitors, and leading Nathaniel Wade from Farringdon Chambers, secures the acquittal of a defendant for murder and manslaughter. The defendant was alleged to have organised a revenge killing of a gang member, who was subsequently stabbed to death. The defendant denied organising or having any involvement with the killing, but accepted that he had been in communication with his 2 co-accused and the deceased on the day of the incident, and that they had all been at his home address moments before the incident took place.
Libertas Chambers
Dr Felicity Gerry KC secures Not Guilty verdicts in two trials for the same client. Not guilty verdicts were returned on murder and manslaughter on 14 January 2025 at the Old Bailey in Felicity’s defence trial where a year ago a jury returned not guilty verdicts but then said there had been a ‘mistake’ and were instead discharged without their verdicts being accepted. This time there were no errors, and the not guilty verdicts were returned in 55 minutes. Felicity had challenged the decision not to accept the original verdicts in the High Court on a writ for Habeas Corpus, combined with an application for judicial review and at the Crown Court on an application to stay the retrial indictment as an abuse of process. Ultimately the retrial jury heard all the evidence including that each defendant had acted in reasonable self-defence, where the CCTV showed the victim and his associates as carrying what the pathologist described as lethal weapons.  Of interest is the development of a jury “script”. The retrial jury were asked to write down their verdicts before delivering them in court to reduce the risk of mistake or “stage fright”. We are not yet at the stage where the written verdicts are given to the court clerk to read out, to remove the personal attention on the foreperson, but, nonetheless, this case was an historic win for more than one reason. To read more about the news on this case, click here Standard News
Libertas Chambers
Joint Enterprise Murder and Persons with Disabilities Alex Henry (Alex) was born 3 December 1992. Alex has Autism Spectrum Disorder (‘ASD’). ASD is a lifelong neurodevelopmental disability which affects how people interpret the world and understand it. It affects more than one in 100 people. Despite its prevalence, it remains poorly understood, stigmatised and stereotyped. Alex has been imprisoned since 2014 as an alleged accessory to murder. ASD is frequently mis-diagnosed, under-diagnosed and stigmatised – often it is not picked up until a person is an adult. Alex was not diagnosed until after he was convicted and sentenced. The expert ASD diagnosis by Professor Simon Baron Cohen in 2016 was independently confirmed by two further experts.  It was accepted at sentence that the friend was the killer. He was sentenced to life imprisonment with a mandatory minimum of 22 years. Alex was sentenced to mandatory life imprisonment with a mandatory minimum term of 19 years. Alex will be 40 by the time he can apply for parole. Following which he will be on ‘life licence’ and subject to recall for the rest of his life. In 2014, a single judge at the Court of Appeal of England and Wales Criminal Division (‘COA’) refused Alex permission to appeal. Two years later Alex’s ASD was finally diagnosed. As is well known, in 2016, the UK Supreme Court held in R v Jogee that the law on JE had ‘taken a wrong turn’ for 30 years. The court held that the use of ‘realised’ (foreseeing the possibility of a crime) was an error of law. This means that the use of ‘realised’ in legal directions to the jury in Alex’s trial was an error of law. On 2 March 2016, following the R v Jogee decision, Alex sought leave to appeal out of time to the full court of the COA on the basis that the trial jury was wrongly directed in law, and relying on his ASD diagnosis. Professor Baron Cohen was subject to cross-examination, even though the Prosecution submitted no contrary expert opinion. In 2016, it was decided by the COA in R v Johnson [2016] EWCA Crim 1613 that the burden to prove a ‘substantial injustice’ is on the applicant, and that it is a ‘high threshold’. Alex’s appeal was rejected on the basis he had not suffered such an injustice despite his ASD not being known and him serving a life sentence for not killing anyone. The decision appears contrary to Jacobs [2023] EWCA Crim 1503, where the COA held that autism is not relevant to reasonable belief as a matter of principle, but it may be relevant on the facts of the case if the belief depends on an impaired ability to read social signals. The COA also assessed Alex’s behavioural ASD traits as bad character, stating: ‘[i]t was clear based on the materials before [them] that Henry has a significant history in relation to behavioral problems which originated from at least 2002; he was assessed on several occasions to ascertain whether he had any mental illness’[para 37 – of course ASD is not a mental illness but a neurodivergent condition] On 12 September 2017, an application for a certificate for leave to appeal to the UK Supreme Court (UKSC) arguing that the control by the COA of UKSC appeals is contrary to the rights of a disabled person was rejected.  Applications to the ECHR and the CCRC have also been refused, as has a petition for mercy to the former Secretary of State for Justice. Unhelpfully, the CCRC gave its opinion on the proposed conditional pardon which would have allowed for Alex’s release. The CCRC acknowledged Alex’s ASD diagnosis but iterated Alex’s ‘bad character’ ignoring the link between ASD and his behaviour. Neither the Secretary nor the CCRC examined the practices in the criminal justice system (CJS) for people with ASD. On 12 September 2024 a report by the Centre for Criminal Justice Studies found that JE laws are vague and wide in scope, causing systemic injustice, including overcriminalisation, over-punishment, discriminatory outcomes, and convictions where there is no compelling evidence of intent and a defendant’s physical contribution is minimal’. The author, Nisha Waller states: ‘The current law encourages the overcharging of suspects and allows cases to be propelled forward based on poor-quality evidence.’ In 2022 the Autism Research Centre, University of Cambridge found that an overwhelming majority of ASD accused persons were not provided with adequate support or adjustments in the UK Criminal Justice System. This followed an Equality and Human Rights Commission report in June 2020 that warned that the CJS is failing those with learning disabilities and autistic people. The Cambridge report noted that there was almost no research investigating how autistic defendants are being treated within the CJS. In 2024 an expert consensus was published on the identification and support of individuals with ASD in within the UK CJS. It concluded that greater attention needs to be given to this potentially vulnerable population when navigating the CJS. However, there is some recognition on sentencing: In 2020 the UK Sentencing Council published guidelines specifying that mental disorders, developmental disorders and neurological disorders should be considered in sentencing – noting specifically that no adverse inference should be drawn if an offender had not been formally diagnosed. ASD affects Alex’s ability to assess the conduct and intentions of others. Communication differences mean that Alex is also always at risk of being misunderstood. Alex’s ASD diagnosis is therefore directly relevant to his actions in relation to his conviction and whether he could know (or realise) what someone else would do. His ASD diagnosis gives rise to serious doubt on his alleged culpability The expressions of the impairments caused by ASD should also have been taken in account when weighing the person’s criminal responsibility and sentence. Alex’s latest move is an application to the Committee on the Rights of Persons with Disabilities: It is suggested that, as a person with a disability and the UK has violated Alex Henry’s rights under the Convention. His experience at all stages of the UK criminal justice system is argued to be discriminatory and inequitable. He has not been able to effectively participate in a criminal proceeding where his ASD is known and properly addressed. The UK is obligated to ensure Alex is both ‘equal before the law’ and ‘equal under the law’ (Article 5 CRPD); this means that Alex has the right to be protected by the law and has the right to use the law for personal benefit. This interpretation requires existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities to be modified or abolished. Additionally, the protection and promotion of the rights of persons with disabilities should be considered in all policies and programs. State parties must take positive actions to ensure that Alex can have full enjoyment – this includes accommodating his needs within legal processes. The application alleges that Alex’s rights were denied through failures at every stage of trial and appeal, including drawing adverse inferences from his silence in police interview. The consequence of Alex’s case is that any young person with ASD ‘involved’ in crowd violence is at risk of a life sentence, even if they are not able to assess what another person would do and even if they make no significant contribution to the crime. The result is the imposition of a harsh and grossly disproportionate sentence exacerbated by being labelled with ‘murder’ which is especially difficult for parole purposes. Thus, it is suggested that the UK has violated his CRPD rights and is perpetuating discriminatory customs and practices as opposed to supporting their modification or abolishment. It is not known whether his application will be accepted but Alex’s is a case that highlights some complex issues for Westminster. Felicity represents Alex pro bono and is instructed by Dean Kingham of Reece Thomas Watson Solicitors.
Felicity Gerry KC
Author
Libertas Chambers
Contributors
Felicity Gerry
CONNECT WITH US FOR THE LATEST NEWS & UPDATES
XLinkedInLibertas Lens
Libertas Chambers Logo
  • Diversity & CSR
  • Privacy
  • Site Terms
  • Cookies
  • Site Data Policy
  • Complaints
Join Our Newsletter
© Copyright Libertas Chambers 2025 | Regulated by the Bar Standards Board | Site by Orca Online - Digital Marketing Sussex

Libertas-chambers-website-popup

×

Libertas-chambers-website-popup

×