R v Johnson (Lewis) [2016] EWCA Crim 1613

Crime and sentencing are fundamental aspects of the legal system, encompassing the commission of unlawful acts and the subsequent judicial determination of appropriate penalties. 

• Crimes range from minor offenses to serious felonies, each carrying distinct legal consequences.

• Sentencing, influenced by factors such as the severity of the offense, criminal history, and mitigating circumstances, aims to achieve justice and deterrence while considering rehabilitation and societal protection.

Offenses against the person encompass a broad category of crimes that harm or threaten individuals.

• These offenses include assault, battery, homicide, and related crimes, each defined by their impact on personal safety and integrity.

• Legal frameworks vary globally in defining and punishing such offenses, reflecting cultural norms and legal principles aimed at safeguarding individuals from physical and psychological harm.

In August 2010, Reice Okosi, associated with Asher Johnson, Garwood, and Mitchell, was paralyzed by a shooting.

In June 2011, the deceased was acquitted of involvement in this incident.

On November 2nd, 2012, Asher Johnson, Jerome Green, Mitchell, and others visited the Bell pub in Ilford.

• CCTV footage showed them observing the deceased's car and interacting inside the pub, possibly alerted by a friend of the deceased.

• Around 03:15 that night, the group planned and executed an attack on the deceased as he returned to his car.

• Asher Johnson and others surrounded the vehicle, preventing escape.

• The attack resulted in the deceased sustaining fourteen stab and slash wounds, including fatal injuries.

Following the incident, the accused were arrested and did not answer questions during police interviews.

This was a case where the validity of the conviction was not challenged under the law as it stood at the time.

• Therefore, Hall had to demonstrate that a significant injustice would result from upholding the conviction.

• Hall was not innocent; he had actively participated in a violent attack that resulted in serious harm.

• It was evident from the facts that absent a murder conviction, he would have been convicted of manslaughter.

Regarding Hall's argument based on Jogee, there was no merit in the contention that the judge should have instructed the jury on manslaughter.

• No such issue was raised during the trial, nor was an application made for such instructions.

• Should Hall's Jogee-based application have succeeded, the court accepted it would have substituted a manslaughter verdict.

The prosecution's case centered on Hall's active involvement in a violent attack, demonstrating his intent and participation through various phases of violence against the victims. Despite not being armed, Hall's actions and presence during the attacks were pivotal.

• Considering the principles outlined in Jogee, particularly the requirement for conditional intent in joint criminal enterprises, the jury reasonably concluded that Hall foresaw the possibility of serious harm or death occurring during the attack.

• Moreover, the jury's query, addressing numerous acts of violence Hall recognized would cause serious harm to the deceased, underscored his continued participation in the joint enterprise.

In assessing whether Hall's conviction for murder would likely have been different under Jogee's clarified principles, the court found insufficient grounds to suggest he would not have been convicted.

Therefore, no substantial injustice would have arisen from upholding the conviction, and the application for leave was refused.

Crime and sentencing are components of any legal system, defining unlawful acts and determining appropriate penalties.

• From minor offenses to serious felonies, crimes carry distinct legal consequences shaped by factors such as the severity of the offense, criminal history, and mitigating circumstances.

• The primary goals of sentencing include achieving justice, deterring future offenses, promoting rehabilitation, and safeguarding societal well-being.

Offenses against the person constitute a broad category of crimes that harm or threaten individuals.

• This includes assaults, batteries, homicides, and related offenses, each characterized by their impact on personal safety and integrity.

• Legal frameworks globally vary in how they define and punish such offenses, reflecting cultural norms and legal principles to protect individuals from physical and psychological harm.

The case involving Hall provides a specific example illustrating these legal principles in action.

• Hall was involved in a violent attack resulting in serious harm, culminating in a murder conviction.

• His argument, based on the Jogee case, centered on whether the jury should have been instructed on manslaughter instead of murder.

• The court, however, found no basis to suggest that Hall would not have been convicted of murder under the clarified principles of conditional intent in joint criminal enterprises outlined in Jogee.

Despite his lack of direct involvement in using weapons, Hall's active participation and presence during the attack were pivotal in the jury's assessment.

• The prosecution successfully demonstrated his intent and role throughout the violent episode, leading to a conviction for murder rather than manslaughter.

This case underscores the complexities of criminal liability within joint enterprises and highlights the legal system's role in balancing justice with protecting individual rights and safety.

R v Jogee