Adam Wagner acting in Joint Enterprise European human rights challenge

Adam Wagner led by Felicity Gerry QC and acting alongside Peta-Louise Bagott of Carmelite Chambers, instructed by Wells Burcombe, have applied for permission to bring an application before the European Court of Human Rights on behalf of Asher Johnson in a joint enterprise appeal.

Asher Johnson’s attempt to appeal (largely in time) after the decision in R v Jogee; [2016] UKSC (Jogee) was refused by the Court of Appeal in 2017. He was then refused a certificate to appeal to the Supreme Court on grounds of general public importance which included breach of his Convention rights. His application for permission to appeal to the European Court of Human Rights (ECtHR) was served on the 15th of January 2018. The issues the ECtHR will be asked to consider include whether section 33(2) of the Criminal Appeal Act (CAA) 1968 is compatible with Convention rights, whether the ambit of the ‘substantial injustice’ test (applicable to all appeals based on Jogee grounds) applied by the Court of Appeal Criminal Division (CACD) is unduly onerous and places a disproportionate burden on an Appellant and also the discriminatory effect of joint enterprise law against BME youth (which applies to Asher Johnson). David Wells and Alan Burcombe of Wells Burcombe, Felicity Gerry QC, Adam Wagner and Peta-Louise Bagott were instructed as fresh solicitors and counsel after the Court of Appeal dismissal.