Foresight instead of intention:
In the 2016 case of Jogee, the Supreme Court corrected an ‘error’ which had set the law of joint enterprise on the wrong track since 1985. The error was using foresight – a prediction of what might happen – instead of intention as the test when the jury have to decide if one defendant was encouraging or helping another to commit an offence. A and B decide to burgle a house; A goes in while B waits outside; A wakes up the occupant and kills him: A may be guilty of murder, but what about B? The old error made B equally guilty of the murder if he foresaw or realised that A might use deadly force while committing the burglary. Now, there has to be evidence that B intended that A might use deadly force: in other words, they must both have embarked on the burglary with a shared intention that deadly force might be used. Any assistance or encouragement by B must be intentional. If B merely realised that A might kill the occupant, that could be evidence of his intention, but was not the same thing as intention.
Francis FitzGibbon QC
Francis has a wide-ranging and diverse trial practice covering all types of serious crime, as well as high-profile appellate work (including the Supreme Court case of Jogee  UKSC 8, which radically changed the law of joint enterprise), lately focussing on victims of human trafficking, and miscarriage of justice cases, and cases before the Criminal Cases Review Commission.
Francis was Chair of the Criminal Bar Association (2016-17) and is a Bencher of Middle Temple.
Francis has been recognised as a leading barrister in Crime for many years, and is ranked in the Legal 500, as ‘a highly intelligent Silk’.
"A charmer with the jury"
"Provides a seamless service"
"A true expert in human trafficking work"
Free and independent legal advice
You will never be penalised for asking for legal advice. It is your legal right and it is free of charge.
Remember: the law is complex and it never hurts to get expert advice, even if you are sure you have done nothing wrong.
Ask for Michael Herford and he, or one of his specialist team will provide you with a Legal LifeLine when you need it most.