Abstract/Summary

This is a case commentary on R v Smith [2023] NICA 31. The case resulted from the first CCRC referral of a historic joint enterprise conviction from Northern Ireland since the law was held to have taken a ‘wrong turn’ in Jogee. The case note argues that there is still much confusion about the kind of cases to which Jogee applies. It also argues that the continued usage of joint enterprise language is unhelpful and possibly positively detrimental in that it helps perpetuating the impression that Jogee has a wider scope of application than it has.