The Doctrine of Joint Enterprise: Balancing Collective Liability and Individual Culpability

The doctrine of joint enterprise has played an important role in determining criminal responsibility where offences are committed collectively. However, its development in England and Wales has raised significant concerns about the balance between collective liability and individual culpability. This review examines the historical development of joint enterprise, focusing particularly on the shift from intention to the foresight-based approach and its subsequent correction in R v Jogee [2016]. The paper evaluates how Jogee restored intention to assist or encourage as the appropriate mens rea for secondary liability and considers whether this has strengthened principles of personal responsibility and fair labelling. It further examines challenges relating to evidence, jury interpretation, proportionality, sentencing and the risk of over-inclusion in gang-related offences, particularly where young people are involved. A comparative analysis of Indian criminal law considers the doctrines of common intention and common object under the Indian Penal Code and their continuation under the Bharatiya Nyaya Sanhita, 2023. The paper argues that Jogee represents a significant correction to the law, but that greater statutory clarity, rigorous evidential standards and proportionate sentencing could further strengthen the legitimacy and fairness of collective criminal liability.