Under criminal law people that commit offences are usually held liable for their own actions. However, under the joint enterprise doctrine, it is possible for a person to be found guilty of another’s crime.

Under joint enterprise, accidental presence or simple association during a crime is insufficient for a charge. The suspect must knowingly encourage and/or assist in the commission of the crime and agree to work with the primary offender for a common purpose. For instance, under joint enterprise, it is possible for the drive of the getaway vehicle to be charged with the robbery even if he did not actually commit the robbery.

Where Joint Enterprise Does Not Apply

In case a member of the group deviates from the plan, joint enterprise might not apply since the assistance must be with knowledge. For example, if a group decides to go vandalize some property but a group member assaults a passer-by without assent or knowledge of the other group members, the doctrine of joint enterprise most likely will not apply.

The question now remains whether a certain outcome was either reasonably foreseeable or within the scope of a crime. If this is the case, then the prosecution will most likely proceed with the joint enterprise charge.

The Controversy and Complexity of Joint Enterprise

The joint enterprise doctrine is rather controversial since it is possible for a person to be held criminally liable for another person’s actions. In the recent years, the joint enterprise doctrine has disproportionately affected younger people due to the increase in the number of violent crimes committed by groups of youths.

In addition, whether suspects are charged under the doctrine of joint enterprise becomes more complex when dealing with such specific intent crimes as murder. In such instances, the jury may find the group liable only to the point of the crime that requires specific intent.

Prosecution Of Joint Enterprise Charges

When deciding whether to pursue joint enterprise charges, prosecutors consider several factors including age or maturity, premeditation, harm to the victim, and proportionality of the actual offence to a possible sentence. The prosecution must also act in the interest of the public.

Considering the gravity of charging a person with a crime he or she did not commit in person, the prosecution can opt to charge the suspect with a lesser crime. This is more preferable to pursuing a joint enterprise charge especially if the conditions are not sufficiently persuasive. In addition, it is not possible to sustain a joint enterprise murder charge unless the prosecution can secure a guilty verdict for the primary offender.

Defending Joint Enterprise Charges

If you are facing charges of joint enterprise, it is best to hire the best joint enterprise barristers that are certified to handle serious cases. You need to choose a barrister that specializes in this type of crime due to the complexity of the doctrine.

Conclusion

The joint enterprise charge is both complex and controversial. If you are facing such a charge or know someone who is, it is advisable to look for the best joint enterprise barristers. They will help you get your life back.