A single joint count of Giretti trafficking may properly be brought against a supplier and buyer who deal through a common intermediary, even where they do not know each other, provided the evidence is capable of establishing their participation in a single integrated trafficking operation. It is not necessary to prove that all co-accused agreed with each other; an agreement or understanding between each accused and the intermediary to participate in the continuing business is sufficient. A trial judge who devotes a substantial portion of the charge to reciting evidence and suggesting inferences favourable to the prosecution, particularly in response to defence counsel's closing addresses, risks creating a miscarriage of justice by appearing to align with the prosecution.
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