JOGEE – How OSA Works

Discussing what is believed to be the first criminal trial where the principle of overwhelming supervening act (OSA) was left to a jury, Felicity Gerry QC and Associate Professor Beatrice Krebs (our newest academic member) consider how there can be no case to answer in a murder trial. The decision in R v Jogee [2016] UKSC 8 was widely reported and hailed as a ‘moment of genuine legal history’, raised the hopes of hundreds of prisoners and remains widely misunderstood. This lecture examines Jogee, subsequent Court of Appeal decisions and recent trials in the area of complicity and explains how to limit expansive liability in murder and manslaughter and how juries should be directed on remoteness.

In 2020 Felicity secured an acquittal in the OSA trial. In 2017 she successfully secured a terminating ruling in a murder alleged as joint principalship and in 2016 she led for the Appellant in R v Jogee [2016] UKSC 8, when the UK Supreme Court fundamentally changed the law of accessorial liability deciding that the principles of joint enterprise had been misinterpreted for over 30 years.

Beatrice was a key expert assisting on the Jogee appeal and has since published her edited collection.

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