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On 9 June 2011, Jogee and his co defendant, Hirsi, spent the evening taking drugs and drinking alcohol causing their behaviour to become increasingly aggressive.[1][2] Twice during the night the pair visited the house of Naomi Reid who was in a relationship with Paul Fyfe (the deceased).[3] After the second visit Reid sent Jogee a text asking him not to bring Hirsi back to her house in Rowlatts Hill but the men returned for a third time only minutes later.[4] By this time the deceased had returned to the house and an angry exchange ensued between him and the two defendants. At 2:30am on 10 June 2011, Jogee was outside shouting encouragement to Hirsi who stabbed and killed the deceased.[5]In a trial at Nottingham Crown Court the judge, Dobbs J, directed the jury as follows: "the appellant (Jogee) [is] guilty of murder if he participated in the attack on the deceased, by encouraging Hirsi, and realised when doing so that Hirsi might use the kitchen knife to stab the deceased with intent to cause him really serious harm".[6] This direction accorded with the standard interpretation of the law regarding joint enterprise in the light of Chan Wing Siu v The Queen [1985] AC 168.[7] On this basis the appellant was found guilty of murder and was sentenced to 20 years in prison.[8]Court of Appeal[edit]The Court of Appeal approved the reasoning of the trial judge and the law as stated in Chan Wing Siu. Laws LJ stated that "The mental element, the mens rea, iPhone Cases of the secondary party's crime is an appreciation that the primary actor might inflict grievous bodily harm and a willingness to lend his support notwithstanding."[9] Jogee's sentence was, however, reduced from 20 years to 18 years.[10]The Supreme Court unanimously held that the law had taken a wrong turning since the decision in Chan Wing Siu.In a joint lead judgment by Lords Hughes and Toulson the Supreme Court took the opportunity to re state the principles on joint enterprise and held that there are two questions that must be asked in order to ascertain the guilt of a defendant:Did the defendant assist or encourage the commission of the crime[12]In this assistance or encouragement, did the defendant act with the requisite mental element of that offence[13]To elaborate on this point their Lordships gave an example: a defendant encourages the principal to take another person's bicycle and then return it after use but the principal in fact keeps the bicycle.

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