Where a prosecution case of murder is put on multiple alternative bases (acting in concert, extended common purpose, and aiding and abetting), the appellate court will independently review the evidence to determine whether it was sufficient to sustain the verdict on each basis. The failure of an accused to give evidence at trial may be taken into account in that review, applying Weissensteiner v R. If the evidence is insufficient on one basis but sufficient on others, the appropriate remedy is a retrial, not an acquittal.
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