Where a joint trial introduces hearsay statements by a supposed eye-witness and rumour evidence inadmissible against co-accused, the cumulative prejudicial effect may deprive the co-accused of a fair trial even where the trial judge gives appropriate directions. The passage in Darby at 678 encouraging separate trials where evidence is 'significantly different' applies specifically to conspiracy cases and does not modify the general principles governing joint trials of persons charged with committing a crime jointly. On a trial for murder, manslaughter is not open as an alternative verdict where the confession conveys that the death resulted from a premeditated murderous intention concealed by co-offenders, because the cause of death is unrelated to the danger created by the unlawful enterprise.
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