A single count of murder is proper where the Crown alleges the accused either killed the deceased or procured another to do so; separate counts are not required. Where a trial judge directs the jury that certain intermediate facts are 'essential' to conviction in a circumstantial case, and the jury could not reasonably have found all those facts proved beyond reasonable doubt, the resulting conviction constitutes a miscarriage of justice even though the direction was unduly favourable to the accused. Hearsay evidence of a deceased victim's statements about the accused's violence and the state of their relationship is admissible under s 65(2)(c) of the Evidence Act 1995 where the representations were made in circumstances (such as in reference to visible injuries or while distressed) making it highly probable they were reliable.
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