Legal News
Joint enterprise murder conviction to be reviewed (31 December 2014)
Date: 31/12/2014
A 16-year-old jailed for the murder of a man in 2008 may win his freedom as a result of concerns over his conviction under joint enterprise.
The Daily Mail reports that a group of drunken teenagers kicked Garry Newlove to death in 2007, after he confronted them outside his home in Warrington, Lancashire.
Jordan Cunliffe – who was jailed for murder, along with 19-year-old Adam Swellings and 17-year-old Stephen Sorton – is now aged 23..
His mother Janet claims her son suffers from an eye condition, which would have prevented him from witnessing others kicking Mr Newlove to death.
The Criminal Cases Review Commission has confirmed that it is to review Cunliffe’s conviction for the murder under joint enterprise.
As a result, Cunliffe’s case may be referred to the Court of Appeal, which has the power to overturn the murder conviction.
A group of MPs is calling for the law on joint enterprise to be reviewed as well.
Under joint enterprise, an individual may be convicted of an offence if they belong to a group or gang involved in a serious incident – and witnessed a crime such as an assault or murder, but did nothing to stop others carrying out the crime, even if they did not actually take part.
Justice Committee Chairman Sir Alan Beith said:
“We are particularly concerned about joint enterprise in murder cases. The mandatory life sentence for murder means that an individual can be convicted and given a life sentence without the prosecution having to demonstrate that they had any intention of murder or serious bodily harm being committed –
and where their involvement in a murder committed by someone else was minor and peripheral.”
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