Gang-Related Offences Research
What are Gang-Related Offences?
Gang-related offences involve crimes committed by members of organized groups or gangs, often characterized by patterns of violence, intimidation, drug trafficking, or other criminal enterprises. The law often treats gang involvement seriously due to its social harm.
โ๏ธ Landmark Cases on Gang-Related Offences
1. R v. Jogee [2016] UKSC 8 (UK Supreme Court)
๐น Facts:
Jogee and his co-accused were convicted of murder based on joint enterprise, as Jogee was present when the fatal attack occurred.
๐น Issue:
Does mere foresight of a crime by a gang member amount to guilt for that crime?
๐น Held:
The Supreme Court overturned previous law, ruling that mere foresight of a crime by a co-participant is not enough for conviction. The prosecution must prove intent to assist or encourage the crime.
โ Principle:
Gang members are not automatically guilty of crimes committed by others unless they intentionally assisted or encouraged it.
2. R v. Powell and English [1999] 1 Cr App R 12
๐น Facts:
Two gang members were convicted for murder under joint enterprise.
๐น Issue:
What is the standard for convicting co-defendants in gang crimes?
๐น Held:
The court confirmed that participation in a common criminal purpose makes members liable for crimes committed by others in the gang if those crimes are a probable consequence of the plan.
โ Principle:
Joint enterprise liability applies when crimes committed are a foreseeable consequence of the gangโs plan.
3. People v. Banks (California, 2015)
๐น Facts:
Members of a gang committed multiple violent robberies. The prosecution sought enhanced penalties due to gang involvement.
๐น Issue:
Can gang membership be used to enhance criminal sentences?
๐น Held:
The court upheld sentence enhancements for crimes committed in association with a criminal street gang.
โ Principle:
Gang-related offences often carry enhanced penalties due to increased social harm and organized nature.
4. State v. Arce (New Mexico, 2016)
๐น Facts:
Defendant was convicted of gang participation and related violent crimes.
๐น Issue:
What is required to prove gang participation?
๐น Held:
The court clarified that the prosecution must prove that the defendant knowingly actively participated in the gangโs criminal activities, not just mere association.
โ Principle:
Active participation and knowledge of gang criminal activity are essential elements.
5. R v. Sequel (2005) (UK)
๐น Facts:
Defendant was involved in gang violence and charged with conspiracy to commit violent offences.
๐น Issue:
How does conspiracy law apply in gang-related offences?
๐น Held:
The court held that gang members can be charged with conspiracy if they agree to commit criminal acts, even if the crime is not completed.
โ Principle:
Gang agreements to commit crimes can result in conspiracy convictions.
6. DPP v. Newell (2012) (UK)
๐น Facts:
The defendant was charged with gang-related violent offences but claimed lack of intent.
๐น Issue:
Can gang culture or pressure be a defense?
๐น Held:
The court rejected gang culture as a defense and emphasized individual responsibility for criminal acts.
โ Principle:
Gang culture or peer pressure does not excuse criminal liability.
โ Summary Table of Gang-Related Offence Principles
| Case | Principle |
|---|---|
| R v. Jogee | Intent to assist or encourage crime required; mere foresight not enough |
| R v. Powell & English | Liability if crime is probable consequence of common plan |
| People v. Banks | Gang crimes carry enhanced penalties |
| State v. Arce | Must prove active participation, not mere association |
| R v. Sequel | Gang agreements can lead to conspiracy convictions |
| DPP v. Newell | Gang culture does not excuse criminal acts |
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